Dennis C. Deyo v. United States
Court of Appeals for the Ninth Circuit
1Opinion of the Court
MERRILL, Circuit Judge:
Appellant was convicted of the possession and sale of LSD-25 in violation of the 1965 amendments to the Federal Food, Drug, and Cosmetic Act. 1 There is no dispute of the fact that he acted in violation of these statutes. The sole question here raised is their constitutionality. 2
The amendments are challenged as exceeding the constitutional grant of power to Congress in that the regulation in question is not brought within the ambit of any enumerated constitutional power such as taxation, the declaration of war or the control of interstate and foreign commerce.…
2Cases cited12 opinions
- Wickard v. FilburnSupreme Court of the United States · 1942
- United States v. DarbySupreme Court of the United States · 1941
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- Houston, East & West Texas Railway Co. v. United StatesSupreme Court of the United States · 1914
- Stafford v. WallaceSupreme Court of the United States · 1922
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3Cited by17 opinions
- United States v. Oscar H. KleeCourt of Appeals for the Ninth Circuit · 1974
- United States v. Dale Einar SynnesCourt of Appeals for the Eighth Circuit · 1971
- United States v. Robert Bryant ScalesCourt of Appeals for the Sixth Circuit · 1972
- United States v. Roberto Rodriquez-CamachoCourt of Appeals for the Ninth Circuit · 1972
- United States v. Alcides PerezCourt of Appeals for the Second Circuit · 1970
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