UNITED STATES v. STIEREN

No. 79-1572.

608 F.2d 1135 (1979)

UNITED STATES of America, Appellee, v. John Arthur STIEREN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 31, 1979.


Attorney(s) appearing for the Case

Wilford M. Forker, Sioux City, Iowa, and Charles A. Bellows, Chicago, Ill., for appellant.

James H. Reynolds, U.S. Atty., and Acher E. Schroeder, Asst. U.S. Atty., Sioux City, Iowa, for appellee.

Before LAY, HEANEY and HENLEY, Circuit Judges.


LAY, Circuit Judge.

John Arthur Stieren appeals from the judgment of conviction for possession of cocaine with intent to distribute and dispense under 21 U.S.C. § 841(a)(1). Stieren contends that the statute is unconstitutional because "cocaine is classified as a narcotic under Schedule II of 21 U.S.C. § 812(c), when as a matter of scientific and medical fact cocaine is not a narcotic but is a non-narcotic stimulant."

The sufficiency of the evidence...

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