UNITED STATES v. HUERTA

No. 76-1530.

547 F.2d 545 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Heriberto Nanez HUERTA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 11, 1977.


Attorney(s) appearing for the Case

David L. Russell, U. S. Atty., and Charles Lee Waters, Asst. U. S. Atty., Oklahoma City, Okl., on briefs, for plaintiff-appellee.

Joseph P. Constantine, Denver, Colo., on briefs, for defendant-appellant.

Before LEWIS, Chief Judge, and PICKETT and SETH, Circuit Judges.


PICKETT, Circuit Judge.

Appellant Huerta was convicted of distributing heroin, a Schedule I controlled substance, in violation of 21 U.S.C. § 841(a)(1). On appeal he contends that the evidence is insufficient to sustain the conviction and that the statutory schedules defining controlled substances as set forth in 21 U.S.C. § 812 are ineffective because of the failure of the Attorney General of the United States to republish the schedules as required by that...

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