UNITED STATES v. STERKEL

No. 693-69.

430 F.2d 1262 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Donald H. STERKEL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 14, 1970.


Attorney(s) appearing for the Case

Leonard W. D. Campbell, Asst. U. S., Atty. (James L. Treece, U. S. Atty., with him on the brief) for plaintiff-appellee.

John D. Ward, Denver, Colo., for defendant-appellant.

Before BREITENSTEIN, HILL, and HOLLOWAY, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Defendant-appellant Sterkel and three others were convicted by a jury of violating 18 U.S.C. § 371 by conspiring to sell and deliver a depressant or stimulant drug in violation of 21 U.S.C. § 331 (q) (2).

The district court denied Sterkel's motion to dismiss the information. The argument is that it did not allege sufficient facts to constitute a crime. An information charging a conspiracy is sufficient if it follows the...

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