Legal Opinion
United States v. Daniel Touby, United States of America v. Lyrissa Touby
Court of Appeals for the Third Circuit
Decided August 21, 1990No. 89-5604, 89-5605PublishedCited by 49 opinions
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Circuit Judge.
Defendants, who were convicted of conspiracy to manufacture and the manufacturing of a substance which was temporarily designated as a Schedule I controlled substance, contend that the statutory delegation to the United States Attorney General of the power to temporarily schedule drugs is unconstitutional and that his sub-delegation of that power by regulation to the Drug Enforcement Agency (DEA) is unauthorized.
I
Background
Defendants Daniel and Lyrissa Touby, husband and wife, were arrested January 6, 1989 at their home in Fair Lawn, New Jersey, and…
2Cases cited43 opinions
- Califano v. SandersSupreme Court of the United States · 1977
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
- Yakus v. United StatesSupreme Court of the United States · 1944
- A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
38 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- United States v. McGloryCourt of Appeals for the Third Circuit · 1992
- Touby v. United StatesSupreme Court of the United States · 1991
- Touby v. United StatesSupreme Court of the United States · 1991
- United States v. Carl Jennings and John SteppCourt of Appeals for the Sixth Circuit · 1991
- Mykhailo Stepanovich Korytnyuk v. John Ashcroft, Attorney General of the United States U.S. Department of Justice Immigration and Naturalization Service, Mykhailo Stepanovich Korytnyuk v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2005
44 more not listed; retrieve them via the Exa API.