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U.S. v. DESURRA

Nos. 88-2174, 88-2470.

865 F.2d 651 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. David Augustine DESURRA, and Sammy Lee Smith, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Arthur BREAUX, III, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 16, 1989.

Attorney(s) appearing for the Case

Fred T. Bennett, Stillman & Bennett, Dallas, Tex., for Desurra and Smith.

Robert K. Erickson, Atty., U.S. Dept. of Justice, Washington, D.C., Henry K. Oncken, U.S. Atty., Paula Offenhauser, Frances H. Stacy, Keith Edward Wyatt, Asst. U.S. Attys., Houston, Tex., for U.S.

Joseph A. Connors, III, McAllen, Tex., for Breaux.

Before GEE, HIGGINBOTHAM, and DUHE, Circuit Judges.

PER CURIAM:

In these consolidated cases, three defendants appeal convictions obtained pursuant to the Controlled Substance Analogue Enforcement Act of 1986, 21 U.S.C. § 813. All three contend that the drug which they possessed was not a controlled substance analogue within the meaning of the Act, or, alternatively, that the Controlled Substance Analogue Enforcement Act is unconstitutionally vague. Appellant Breaux also argues that his guilty plea was not voluntary...

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