Legal Opinion

United States v. Piatti

District Court, E.D. New York

Decided August 2, 1976No. 76 CR 261PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

PLATT, District Judge.

By Notice of Motion filed May 7, 1976, defendant moved to dismiss the indictment against him on the grounds that the statutes (21 U.S.C. §§ 811(a) and 812) upon which the indictment is based are unconstitutional in that they represent an improper delegation of legislative power to the Executive Branch of the Federal Government and in that they are violative of due process for failing to warn the defendant that methaqualone is a controlled substance the importation of which is subject to criminal sanctions.

The indictment charges a conspiracy between…

2Cases cited9 opinions

  1. A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
  2. Panama Refining Co. v. RyanSupreme Court of the United States · 1935
  3. United States v. GrimaudSupreme Court of the United States · 1911
  4. United States v. Philip Berrigan, in No. 72-1938, and Elizabeth McAlister Appeal of Elizabeth McAlister InCourt of Appeals for the Third Circuit · 1973
  5. Avent v. United StatesSupreme Court of the United States · 1924

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

3Cited by12 opinions

  1. United States v. Louis I. Gordon, Eduardo Jose Garcia, Jeffrey Mark Berg, James M. Cowen, and Eric Theodore LubovCourt of Appeals for the Fifth Circuit · 1978
  2. United States v. Ray RoyaCourt of Appeals for the Seventh Circuit · 1978
  3. United States v. Irving Davis, M. D.Court of Appeals for the Ninth Circuit · 1978
  4. United States v. Ronald C. Smith, M.D., Robert Miltimore and Donald F. MitchellCourt of Appeals for the Ninth Circuit · 1984
  5. United States v. Barry GarfinkelCourt of Appeals for the Eighth Circuit · 1994

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

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