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UNITED STATES v. SZYCHER

No. 77-1345.

585 F.2d 443 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas S. SZYCHER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 16, 1978.

Attorney(s) appearing for the Case

Stephen M. Duncan, Denver, Colo. (Charles Eugene Grover of Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., on the brief), for defendant-appellant.

Edward W. Nottingham, Asst. U. S. Atty., Denver, Colo. (Joseph F. Dolan, U. S. Atty., Denver, Colo., on the brief), for plaintiff-appellee.

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Defendant Szycher was convicted after a jury trial on three counts of an indictment charging that he knowingly and intentionally distributed cocaine, a Schedule II controlled substance, on three occasions in April and May, 1976, in violation of 21 U.S.C. § 841(a)(1). He appeals the convictions and sentence,1 arguing mainly: (1) that there is no rational basis for the classification of cocaine as a Schedule...

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