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UNITED STATES v. SMITH

No. 71-1191.

452 F.2d 404 (1971)

UNITED STATES of America, Appellee, v. Gerald Franklin SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

November 15, 1971.

Attorney(s) appearing for the Case

Paul E. Watts, Omaha, Neb., for appellant.

Allen L. Donielson, U. S. Atty., Des Moines, Iowa, for appellee.

Before JOHNSEN, GIBSON and LAY, Circuit Judges.

PER CURIAM.

Gerald Franklin Smith was found guilty on four counts under 21 U.S.C. § 331(q) (2) and (q) (3) (A) of unlawfully possessing and selling d-methamphetamine hydrochloride tablets ("speed") in September and October 1970. Defendant was also found guilty on a separate conspiracy count. The offenses took place in Carter Lake, Iowa, which is contiguous to Omaha, Nebraska. Appeal to this court challenges the constitutionality of the statute, the court's instructions...

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