United States v. Donald Earl Spann

HOLLOWAY, Circuit Judge.

Defendant Spann was convicted by a jury of possession of a controlled substance — marihuana—in violation of 21 U.S.C.A. § 844(a) with reference to 21 U.S.C.A. §§ 802(15) and 812(c) Schedule I. 1 He appeals, making several claims predicated on the statutory definition and classification of marihuana. We conclude the arguments are without merit and affirm.

The Government proof tended to show these facts. Spann was an inmate at the United States Penitentiary at Leavenworth, Kansas, assigned to work outside the walls of the institution. On August 31, 1973, as a result of…