Bernard Roseman and Bernard Copley v. United States

Bernard Roseman and Bernard Copley, hereinafter appellants, were charged in a nine-count indictment in the United States District Court for the Northern District of California, Southern Division, with violating 18 U.S.C. § 545 , the conspiracy statute, and various sections of the Federal Food, Drug and Cosmetic Act, arising out of certain activities of the appellants concerning the drug LSD.

Counts 1 and 2 charge appellants with concealing, selling, and facilitating the transportation, concealment, and sale of LSD which the appellants knew had been imported into the United States contrary to law. Counts 3 through 8 charge appellants with selling and holding for sale LSD which had been mislabeled, misbranded or unlabeled in violation of the Federal Food, Drug and Cosmetic Act. Count 9 charged appellants with conspiracy to violate the Federal Food, Drug and Cosmetic Act.

After a waiver of jury, appellants were tried before the United States District Court. They were found guilty on all nine counts. A timely motion for a new trial was denied and appellants were sentenced as provided by law. A timely appeal was taken to this court which has jurisdiction under 28 U.S.C. § 1291 et…