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UNITED STATES v. LEJA

Nos. 76-2657 and 2658.

563 F.2d 244 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Michael LEJA and John M. Cody, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed October 3, 1977.

Attorney(s) appearing for the Case

F. Randall Karfonta, Gershwin A. Drain, John W. Tapp, Detroit, Mich., Edward C. Wishnow, Bornstein, Wishnow, Shaye & Schneiderman, Southfield, Mich., for defendants-appellants.

James K. Robinson, U. S. Atty., Ronald W. Mellish, Asst. U. S. Atty., Detroit, Mich., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, ENGEL, Circuit Judge, and RUBIN, District Judge.

PER CURIAM.

Michael Leja and John M. Cody appeal from convictions of manufacturing and possessing with intent to distribute phencyclidine (PCP), a Schedule III controlled substance, in violation of 21 U.S.C. § 841(a)(1).

There is little dispute as to the facts. In November of 1975, Leja approached one Theodore Sawicki with a proposal to produce phencyclidine in a laboratory. Leja, Cody, and Sawicki thereupon...

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