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United States v. David Augustine Desurra, and Sammy Lee Smith, United States of America v. Arthur Breaux, III

Court of Appeals for the Fifth Circuit

Decided March 16, 1989No. 88-2174, 88-2470PublishedCited by 25 opinions

1Per curiam

In these consolidated cases, three defendants appeal convictions obtained pursuant to the Controlled Substance Analogue Enforcement Act of 1986, 21 U.S.C. § 813. All three contend that the drug which they possessed was not a controlled substance analogue within the meaning of the Act, or, alternatively, that the Controlled Substance Analogue Enforcement Act is unconstitutionally vague. Appellant Breaux also argues that his guilty plea was not voluntary, and that the district court lacked jurisdiction over the crime alleged. We find that the drug in question was a controlled substance…

2Cases cited7 opinions

  1. United States v. MazurieSupreme Court of the United States · 1975
  2. United States v. Jim A. Brown, A/k/a/ Mark A. BrownCourt of Appeals for the D.C. Circuit · 1988
  3. United States v. Patty McClain Joseph M. Rodriguez, Ada Eveleigh Simpson, William Clark Simpson and Mike BradshawCourt of Appeals for the Fifth Circuit · 1977
  4. Lester Grinspoon, M.D. v. Drug Enforcement AdministrationCourt of Appeals for the First Circuit · 1987
  5. United States v. CaudleCourt of Appeals for the Fifth Circuit · 1987

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3Cited by25 opinions

  1. United States v. James R. TurcotteCourt of Appeals for the Seventh Circuit · 2005
  2. United States v. Joe Allen BoundsCourt of Appeals for the Fifth Circuit · 1991
  3. United States v. Karl Hofstatter (92-1836) and Michael Griffor (92-1805)Court of Appeals for the Sixth Circuit · 1993
  4. United States v. Richard Lester KleckerCourt of Appeals for the Fourth Circuit · 2003
  5. United States v. David Carlson, United States of America v. Carina Leveriza, A/K/A Carina Franz, A/K/A Karen, United States of America v. Walter FranzCourt of Appeals for the Eleventh Circuit · 1996

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