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UNITED STATES v. SPANN

No. 74-1352.

515 F.2d 579 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Earl SPANN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 30, 1975.

Attorney(s) appearing for the Case

Charles D. McAtee, Topeka, Kan. (Eidson, Lewis, Porter & Haynes, Topeka, Kan., on the brief), for defendant-appellant.

Bruce E. Miller, Asst. U. S. Atty., Topeka, Kan. (Robert J. Roth, U. S. Atty., District of Kansas, Topeka, Kan., on the brief), for plaintiff-appellee.

Before HOLLOWAY, McWILLIAMS and DOYLE, Circuit Judges.

HOLLOWAY, Circuit Judge.

Defendant Spann was convicted by a jury of possession of a controlled substance—marihuana—in violation of 21 U.S.C.A. § 844(a) with reference to 21 U.S.C.A. §§ 802(15) and 812(c) Schedule I.1 He appeals, making several claims predicated on the statutory definition and classification of marihuana. We conclude the arguments are without merit and affirm.

The Government proof tended...

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