United States v. Ronald Lee Harper

We affirm the conviction of petitioner Ronald Lee Harper for possession and dispensing of cocaine, rejecting his sole contention on appeal that the classification of cocaine as a Schedule II narcotic drug under 21 U.S.C. § 812 (c) is arbitrary and irrational.

Numerous district courts have recently dealt with this argument. United States v. Amidzich, 396 F.Supp. 1140, 1147 (E. D.Wis.1975); United States v. Hobbs, 392 F.Supp. 444, 446 (D.Mass.1975); United States v. DiLaura, 394 F.Supp. 770, 773 (D.Mass.1974); United States v. Brookins, 383 F.Supp. 1212, 1217 (D.N.J. 1974). In all cases, the courts expressed the opinion that Congress had acted upon a constitutionally “rational basis” according to the test of United States v. Carolene Products Co., 304 U.S. 144 , 153-4, 58 S.Ct. 778, 784 , 82 L.Ed. 1234, 1242 (1938), in so classifying cocaine for the purpose of imposing penalties. See also United States v. Smaldone, 484 F.2d 311, 319-20 (10th Cir. 1973), cert. denied, 415 U.S. 915 , 94 S.Ct. 1411 , 39 L.Ed.2d 469 (1974) and United States v. Miller, 387 F.Supp. 1097, 1098 (D.Conn.1975), where slightly different reasoning nonetheless led the courts to the same conclusion that…