UNITED STATES v. BERROJO

No. 79-5645.

628 F.2d 368 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge BERROJO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 24, 1980.


Attorney(s) appearing for the Case

James L. Harrison, Jacksonville, Fla., for defendant-appellant.

Nicholas P. Geeker, U. S. Atty., Pensacola, Fla., for plaintiff-appellee.

Before GEE, RUBIN and POLITZ, Circuit Judges.


Rehearing and Rehearing En Banc Denied November 24, 1980.

PER CURIAM:

The doctrine of judicial notice permits a judge to consider a generally accepted or readily verified fact as proved without requiring evidence to establish it. The trial judge in this case took judicial notice that cocaine hydrochloride is a Schedule II controlled substance (whose possession with intent to distribute is a crime under 21 U.S.C. § 841(a)(1)). It is conceded that notice...

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