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U.S. v. SCHROCK

No. 87-1495.

855 F.2d 327 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Donald SCHROCK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 24, 1988.

Attorney(s) appearing for the Case

Philip R. Sturtz, Saginaw, Mich. (court-appointed), for defendant-appellant.

Michael J. Hluchaniuk, Asst. U.S. Atty., Bay City, Mich., for plaintiff-appellee.

Before MILBURN and BOGGS, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

CELEBREZZE, Senior Circuit Judge.

Defendant Donald Schrock appeals his jury conviction for conspiring to possess with intent to distribute and to distribute methamphetamine, a Schedule II controlled substance. See 21 U.S.C. §§ 846, 841(a)(1) (1982). Schrock contends on appeal that he was improperly indicted and convicted for conspiring to distribute a Schedule II controlled substance because 21 U.S.C. § 812(c) lists noninjectable methamphetamine...

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