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UNITED STATES v. FUNK

No. 19436.

412 F.2d 452 (1969)

UNITED STATES of America, Appellee, v. Robert Karl FUNK, Jr., Appellant.

United States Court of Appeals Eighth Circuit.

June 19, 1969.

Attorney(s) appearing for the Case

John Remington Graham, Minneapolis, Minn., for appellant and filed brief.

William E. Falvey, Sp. Asst. U. S. Atty., Minneapolis, Minn., for appellee; Patrick J. Foley, U. S. Atty., was on the brief with William E. Falvey, Minneapolis, Minn.

Before BLACKMUN, LAY and HEANEY, Circuit Judges.

LAY, Circuit Judge.

Defendant appeals a conviction in two counts of the unlawful sale and delivery of LSD in violation of 21 U.S.C. § 331(q) (2) and the unlawful possession of LSD in violation of 21 U.S.C. § 331(q) (3). Upon appeal it is claimed (1) that there was no proof to show that the LSD in question was connected with interstate commerce and that federal statutory regulation of intrastate drug traffic is unconstitutional; (2) that the...

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