Legal Opinion

United States v. Hobbs

District Court, D. Massachusetts

Decided February 26, 1975No. Crim. 74-129-TPublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

TAURO, District Judge.

Defendants are charged in a two count indictment with conspiracy to distribute cocaine and with possession with intent to distribute and distribution of cocaine in violation of 21 U.S.C. §§ 841(a)(1), 846; 18 U.S.C. § 2. They have filed motions to dismiss on grounds that count 2 of the indictment is duplicitous; that the statute, 21 U.S.C. § 841(a)(1), penalizes a state of mind; and that the classification of cocaine as a narcotic drug is irrational. For the reasons stated below, the motion to dismiss is denied.

All arguments presented in this motion…

2Cases cited9 opinions

  1. Bolling v. SharpeSupreme Court of the United States · 1954
  2. United States v. Carolene Products Co.Supreme Court of the United States · 1938
  3. United States v. Carolene Products Co.Supreme Court of the United States · 1938
  4. McGinnis v. RoysterSupreme Court of the United States · 1973
  5. United States v. Stewart FossCourt of Appeals for the First Circuit · 1974

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

3Cited by14 opinions

  1. State v. EricksonAlaska Supreme Court · 1978
  2. United States v. Michael Joseph OrzechowskiCourt of Appeals for the Seventh Circuit · 1977
  3. United States v. Ronald Lee HarperCourt of Appeals for the Ninth Circuit · 1976
  4. United States v. AmidzichDistrict Court, E.D. Wisconsin · 1975
  5. United States v. Frederick R. WheatonCourt of Appeals for the First Circuit · 1977

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

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