UNITED STATES v. ESPOSITO

No. 74-1770.

523 F.2d 242 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony ESPOSITO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 1975.

Rehearing Denied September 16, 1975.


Attorney(s) appearing for the Case

Thomas P. Sullivan, Russell J. Hoover, Chicago, Ill., for defendant-appellant.

Samuel K. Skinner, U. S. Atty., Gary L. Starkman, Thomas K. McQueen, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, CUMMINGS and SPRECHER, Circuit Judges.


CUMMINGS, Circuit Judge.

Defendant was charged in a two-count indictment with the possession and distribution of 206.5 mg. of cocaine in violation of 21 U.S.C. § 841. After a jury trial, he was found guilty on both counts. Thereafter, the district court granted his motion for arrest of judgment on the ground that Congress had no power to regulate the use and distribution of cocaine without requiring proof in each prosecution of some connection with interstate...

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