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  5. 909 F.2d 759 (1990)
 

U.S. v. TOUBY

Nos. 89-5604, 89-5605.

909 F.2d 759 (1990)

UNITED STATES of America v. Daniel TOUBY, Appellant. UNITED STATES of America v. Lyrissa TOUBY, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 27, 1990.

Rehearing and Rehearing Denied August 21, 1990.

Attorney(s) appearing for the Case

Michael E. Deutsch (argued), Deutsch, Haas, Schmiedel & Taylor, Chicago, Ill., for appellant, Lyrissa Touby.

Daniel L. Meyers (argued), New York City, for appellant, Daniel Touby.

Samuel A. Alito, Jr., U.S. Atty., Glenn Moramarco (argued), Asst. U.S. Atty., Newark, N.J., for appellee.

Before SLOVITER, HUTCHINSON and COWEN, Circuit Judges.

Rehearing and Rehearing In Banc Denied August 21, 1990.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Defendants, who were convicted of conspiracy to manufacture and the manufacturing of a substance which was temporarily designated as a Schedule I controlled substance, contend that the statutory delegation to the United States Attorney General of the power to temporarily schedule drugs is unconstitutional and that his subdelegation of that power...

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