UNITED STATES v. BASEY

No. 72-1813.

468 F.2d 194 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Stephen BASEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 29, 1972.


Attorney(s) appearing for the Case

William L. Osterhoudt (argued), George G. Walker, San Francisco, Cal., for defendant-appellant.

James H. Daffer, Asst. U. S. Atty. (argued), F. Steele Langford, Janet Aiken, Asst. U. S. Attys., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before CHAMBERS, BARNES and MOORE, Circuit Judges.


BARNES, Circuit Judge:

Appellant Basey was indicted with three co-defendants of the possession, with intent to distribute, various amounts of dl-desoxyephedrine, a "Schedule III controlled substance." This was a four count indictment with three substantive counts (involving .9 gram, 456 grams, and 802 grams, respectively)— [21 U.S.C. § 841(a)(1)]—and a conspiracy count—[21 U.S.C. § 846]. Appellant Basey was convicted only on Count One...

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