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UNITED STATES v. BROOKINS

Crim. Nos. 577-73, 74-3.

383 F.Supp. 1212 (1974)

UNITED STATES of America v. Lawrence BROOKINS, Defendant. UNITED STATES of America v. Andres GUECHE, Defendant.

United States District Court, D. New Jersey.

October 29, 1974.

Attorney(s) appearing for the Case

Jonathan L. Goldstein, U. S. Atty., by John J. Barry, Asst. U. S. Atty., Newark, N. J., for plaintiff.

Roger A. Lowenstein, Federal Public Defender, Newark, N. J., for defendants.

OPINION

LACEY, District Judge.

Before the Court are identical motions by defendants Lawrence Brookins, Cr. No. 577-73, and Andres Gueche, Cr. No. 74-3, for dismissal of their indictments on the grounds that the statute underlying the indictments, the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. Sec. 801 et seq. (hereinafter the 1970 Act), is unconstitutional as it applies to cocaine.

Defendants, in connection with their...

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