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UNITED STATES v. ROTHBERG

No. 71-CR-164.

351 F.Supp. 1115 (1972)

UNITED STATES of America v. Mitchell ROTHBERG et al., Defendants.

United States District Court, E. D. New York.

November 30, 1972.

Attorney(s) appearing for the Case

Robert A. Morse, U. S. Atty., E. D. N. Y., for plaintiff; Guy Heinemann, Asst. U. S. Atty., of counsel.

Michael Metzger, San Francisco, Cal., for defendant Mitchell Rothberg.

Maurice Brill, New York City, for defendant William F. Wilson.

Ivan Fisher and Michael J. Gillen, New York City, for defendant Gary Brittman.

BARTELS, District Judge.

Defendants Rothberg, Wilson, and Brittman have been indicted for transporting, concealing and selling marihuana, in violation of 21 U.S.C. § 176a. The term "marihuana" as used in that section, is defined in 26 U.S.C. § 4761 (Internal Revenue Code) as ". . . all parts of the plant Cannabis sativa L. . . .." Defendants contend that the Government must prove beyond a reasonable doubt that the specific subject matter of the indictment...

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