UNITED STATES v. SOLOW

No. 77-5796 Summary Calendar.

574 F.2d 1318 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Ira SOLOW, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 14, 1978.


Attorney(s) appearing for the Case

Gerald H. Goldstein, San Antonio, Tex., Mark A. Cohen, Austin, Tex., Maury Maverick, Jr., San Antonio, Tex., for defendant-appellant.

Jamie C. Boyd, U. S. Atty., LeRoy M. Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before RONEY, GEE and FAY, Circuit Judges.


PER CURIAM:

In this case we uphold the constitutionality of the classification of cocaine as a narcotic drug controlled by the Comprehensive Drug Abuse Prevention and Control Act of 1970. 21 U.S.C.A. §§ 801-966.

Defendant was indicted for conspiracy and possession with intent to distribute cocaine. A hearing was held on defendant's motion to dismiss the indictment. At that time, both parties stipulated to facts concerning the merits of the conspiracy...

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