United States v. Lawrence Monroe, United States of America v. Troy Lee Lott

Monroe and Lott were convicted of both conspiracy to distribute and to possess with intent to distribute heroin and cocaine in violation of 21 U.S.C. § 846 and distribution of heroin and cocaine in violation of 21 U.S.C. § 841 (a)(1). On appeal, they raise numerous questions concerning the indictment, the sufficiency of the evidence, the jury instructions and the behavior of the prosecutor. We affirm.

I

Monroe alleges that the schedules of controlled substances established by 21 U.S.C. § 812 were not republished as required by that section and that therefore there was no controlled substances list in effect and having the force of law at the time of the offense. Thus, he contends, the indictment should have been dismissed for failure to state an offense against the laws of the United States.

His contention fails for the reasons stated in United States v. Eddy, 549 F.2d 108 (9th Cir., May 24,1976). There we held that the republication requirement of section 812 is satisfied by the annual publication of the updated schedules in the Code of Federal Regulations. That requirement has been fulfilled. Because the schedules were in effect at the time of the offense, the…