United States v. Robert Karl Funk, Jr.

LAY, Circuit Judge.

Defendant appeals a conviction in two counts of the unlawful sale and delivery of LSD in violation of 21 U.S.C. § 331(q) (2) and the unlawful possession of LSD in violation of 21 U.S.C. § 331 (q) (3). Upon appeal it is claimed (1) that there was no proof to show that the LSD in question was connected with interstate commerce and that federal statutory regulation of intrastate drug traffic is unconstitutional; (2) that the trial court erred in ruling on a Fifth Amendment waiver issue and (3) that the information and conviction are void because (a) the defendant was denied a…