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U.S. v. DURHAM

Nos. 90-10022, 90-10049.

941 F.2d 886 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Bonnie Ann DURHAM, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jerome Sherman STANLEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1991.

Attorney(s) appearing for the Case

Margaret A. McKnight, Fresno, Cal., for defendant-appellant Jerome Stanley.

Jerome Stanley, in pro per.

Jesse Cordova, Lodi, Cal., for defendant-appellant Bonnie Ann Durham.

Nancy L. Simpson, Asst. U.S. Atty., George Williamson, Sp. Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before SCHROEDER, PREGERSON and NELSON, Circuit Judges.

THOMAS G. NELSON, Circuit Judge:

We are asked to determine whether methamphetamine is properly listed in Schedule II of the schedules of controlled substances established by the Controlled Substances Act. 21 U.S.C. §§ 811, et seq. For the reasons stated we hold that the presence of methamphetamine as a component ingredient of certain over-the-counter drugs has no effect on the inclusion of methamphetamine as a Schedule II controlled substance. We...

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