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UNITED STATES v. KING

No. 72-1425.

485 F.2d 353 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Larue KING, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 29, 1973.

Rehearings Denied November 15, 1973.

Attorney(s) appearing for the Case

Don J. Svet, Asst. U. S. Atty. (Victor R. Ortega, U. S. Atty., and Richard J. Smith, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

Julius Lucius Echeles, Chicago, Ill., (Carolyn Jaffee, Chicago, Ill., and Thomas L. Marek, Albuquerque, N. M., on the brief), for defendant-appellant.

Before LEWIS, Chief Judge, McWILLIAMS, Circuit Judge, and CHRISTENSEN, District Judge.

McWILLIAMS, Circuit Judge.

Charles LaRue King was convicted by a jury of knowingly possessing with an intent to distribute approximately 602 pounds of marijuana, a Schedule I controlled substance under 21 U.S.C. § 812(c), (c) (10), in violation of 21 U.S.C. § 841(a) (1). King now appeals and his various grounds of assigned error will be grouped as follows: (1) The statute under which King was prosecuted, namely, 21 U.S.C. § 841(a) (1), is unconstitutional...

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