UNITED STATES v. PIATTI

No. 76 CR 261.

416 F.Supp. 1202 (1976)

UNITED STATES of America v. Ralph PIATTI, Defendant.

United States District Court, E. D. New York.

August 2, 1976.


Attorney(s) appearing for the Case

David G. Trager, U. S. Atty, E. D. of N. Y. by Jonathan Marks, Asst. U. S. Atty., Brooklyn, N. Y., for plaintiff.

Ronald Kleinberg, New York City, for defendant.


MEMORANDUM AND ORDER

PLATT, District Judge.

By Notice of Motion filed May 7, 1976, defendant moved to dismiss the indictment against him on the grounds that the statutes (21 U.S.C. §§ 811(a) and 812) upon which the indictment is based are unconstitutional in that they represent an improper delegation of legislative power to the Executive Branch of the Federal Government and in that they are violative of due process for failing to warn the defendant...

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