United States v. Howard J. Fields

Howard J. Fields appeals from his conviction, after a non-jury trial, on three counts of an information charging him with manufacturing, compounding and processing a quantity of methamphetamine, a “depressant or stimulant drug,” and operating an establishment for the manufacture of such drug without registration, all in violation of 21 U.S.C. §§ 331 (q) (1) and 360a.

While the information failed to specify, and the evidence failed to show, that the drug was possessed or used in or affected interstate commerce, this did not render the information legally deficient nor the evidence legally insufficient. Possession or use in or affecting interstate commerce is not an element of the offense as defined in the statutes. Nor is the statute- unconstitutional because possession or use in interstate commerce, or affecting interstate commerce, is not made an essential element of the offense. Deyo v. United States, 9 Cir., 396 F.2d 595 .

The search warrant was sufficiently complete to authorize the search of defendant’s cabin and the seizure of a quantity of the methamphetamine. The affidavit upon the basis of which the warrant was obtained was factually adequate.

Some of the information…