Legal Opinion

United States v. William Spain

Court of Appeals for the Tenth Circuit

Decided September 22, 1987No. 86-1401PublishedCited by 25 opinions

1Opinion of the Court

SETH, Circuit Judge.

The defendant was indicted for possession with intent to distribute a drug alleged to be a Schedule I controlled substance. The defendant entered a guilty plea to the count but reserved the right to appeal the denial of his motion to dismiss the count. The drug here concerned is 3, 4 methylene-dioxymethamphetamine .

The basic question on appeal is whether the Drug Enforcement Administration (DEA) had authority to act under the 1984 Act which became 21 U.S.C. § 811(h) and put this drug on Schedule I under a delegation of authority made by the Attorney General in 1973 to…

2Cases cited6 opinions

  1. United States v. BassSupreme Court of the United States · 1971
  2. Bell v. United StatesSupreme Court of the United States · 1955
  3. United States v. GiordanoSupreme Court of the United States · 1974
  4. United States v. Arthur Mitchell LueckCourt of Appeals for the Eleventh Circuit · 1982
  5. United States v. Ray RoyaCourt of Appeals for the Seventh Circuit · 1978

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. United States v. Joann MitcheltreeCourt of Appeals for the Tenth Circuit · 1991
  2. United States v. Daniel Touby, United States of America v. Lyrissa ToubyCourt of Appeals for the Third Circuit · 1990
  3. United States v. SherrodCourt of Appeals for the Fifth Circuit · 1992
  4. United States v. JohnsonDistrict Court, W.D. Missouri · 1988
  5. United States v. Natalie GranberryCourt of Appeals for the Fifth Circuit · 1990

20 more not listed; retrieve them via the Exa API.

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