Lawrence W. White v. United States

COFFIN, Circuit Judge.

This is an appeal from a conviction based on an indictment in two counts charging defendant with unlawfully, knowingly and wilfully selling and disposing of a quantity of lysergic acid diethylamide (LSD), a “depressant or stimulant drug” within 21 U.S.C. § 321 (v) (3) 1 , to an agent of the Bureau of Drug Abuse Control, Food and Drug Administration, in violation of 21 U.S.C. § 331 (q) (2).I. 2 The indictment contained no allegation that the drugs in question traveled in interstate commerce or that the defendant intended to transport them in interstate commerce.

Appellant…