U.S. v. DANIEL

No. 86-1467 Summary Calendar.

813 F.2d 661 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. James David DANIEL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 24, 1987.


Attorney(s) appearing for the Case

Danny D. Burns, Forth Worth, Tex. (court-appointed), for defendant-appellant.

Marvin Collins, U.S. Atty., Frederick M. Schattman, Asst. U.S. Atty., Ft. Worth, Tex., Sidney Powell, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before POLITZ, WILLIAMS, and JONES, Circuit Judges.


POLITZ, Circuit Judge:

James David Daniel appeals his conviction for distribution of amphetamine and for aiding and abetting in its distribution, 21 U.S.C. § 841(a)(1), 18 U.S.C. § 2. Daniel makes no challenge to the sufficiency of the evidence; he and an accomplice distributed amphetamine to a Texas Department of Public Safety undercover agent. His appeal focuses entirely on legal issues. He contends that amphetamine should not be considered a Schedule...

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