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UNITED STATES v. KAISER

No. 78-1796.

599 F.2d 942 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony Ferguson KAISER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided June 4, 1979.

Attorney(s) appearing for the Case

Joseph F. Dolan, U. S. Atty. and Nancy E. Rice, Asst. U. S. Atty., Denver, Colo., for plaintiff-appellee.

Robert Bruce Miller of Miller & Gray, P.C., Boulder, Colo., for defendant-appellant.

Before McWILLIAMS, McKAY and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

Anthony Kaiser was convicted by a jury of distributing a controlled substance, namely amphetamine, in violation of 21 U.S.C. § 841(a)(1). In the indictment, amphetamine was described as a Schedule III controlled substance. This was an error, be it typographical or otherwise, as amphetamine is a Schedule II controlled substance, rather than Schedule III.*

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