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UNITED STATES v. FIELDS

No. 23691.

410 F.2d 373 (1969)

UNITED STATES of America, Appellee, v. Howard J. FIELDS, Appellant.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 29, 1969.

Attorney(s) appearing for the Case

Morris Lavine (argued), Los Angeles, Cal., for appellant.

Paul G. Sloan (argued), Asst. U. S. Atty., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before HAMLEY, MERRILL and BROWNING, Circuit Judges.

PER CURIAM:

Howard J. Fields appeals from his conviction, after a non-jury trial, on three counts of an information charging him with manufacturing, compounding and processing a quantity of methamphetamine, a "depressant or stimulant drug," and operating an establishment for the manufacture of such drug without registration, all in violation of 21 U.S.C. §§ 331(q) (1) and 360a.

While the information failed to specify, and the evidence failed to show...

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