Legal Opinion
United States v. Brookins
District Court, D. New Jersey
Decided October 29, 1974No. Crim. 577-73, 74-3PublishedCited by 29 opinions
1Opinion of the Court
OPINION
LACEY, District Judge.
Before the Court are identical motions by defendants Lawrence Brookins, Cr. No. 577-73, and Andres Gueehe, Cr. No. 74-3, for dismissal of their indictments on the grounds that the statute underlying the indictments, the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. Sec. 801 et seq. (hereinafter the 1970 Act), is unconstitutional as it applies to cocaine.
Defendants, in connection with their motions, seek an evidentiary hearing. In view of the affidavits submitted, and in light of the issues raised, no evidentiary hearing is required, see…
2Cases cited17 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- McGowan v. MarylandSupreme Court of the United States · 1961
- Bolling v. SharpeSupreme Court of the United States · 1954
- Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State v. EricksonAlaska Supreme Court · 1978
- People v. McCartyIllinois Supreme Court · 1981
- United States v. Jaime Vila, Narcisco Guzman, and Luis HernandezCourt of Appeals for the Second Circuit · 1979
- Lawhorn v. StateIndiana Supreme Court · 1983
- United States v. EttlesonUnited States Court of Military Appeals · 1982
24 more not listed; retrieve them via the Exa API.