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UNITED STATES v. WISNIEWSKI

No. 84-1089.

741 F.2d 138 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. James P. WISNIEWSKI, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 10, 1984.

Rehearing Denied October 1, 1984.

Attorney(s) appearing for the Case

David Paul Allen, Hammond, Ind., for defendant-appellant.

Scott L. King, Asst. U.S. Atty., R. Lawrence Steele, Jr., U.S. Atty., Hammond, Ind., for plaintiff-appellee.

Before BAUER and COFFEY, Circuit Judges, and CAMPBELL, Senior District Judge.

COFFEY, Circuit Judge.

Appellant, Wisniewski, was convicted after a jury trial of possessing with intent to distribute Diazepam, a Schedule IV controlled substance, and Cyclohexamine, a Schedule I controlled substance, all in violation of 21 U.S.C. § 841(a)(1) (West 1981). Wisniewski challenges his convictions alleging that (1) cyclohexamine is not proscribed as a controlled substance in 21 Code of Federal Regulations, § 1308.11(d)(22) (1984); (2) the trial...

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