United States v. Glen Alexander

Appellant was convicted of conspiracy to distribute cocaine and possession with intent to distribute cocaine, under the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 801 et seq. He appeals the district court’s denial of his motion to dismiss the indictment. The motion was based on the ground that the Drug Enforcement Agency abused its discretion in failing to reclassify cocaine as a nonnarcotic, thus rendering the penalties for cocaine offenses unconstitutionally uncertain. The district court refused to hold an evidentiary hearing on the motion. We affirm.

It is well settled that the Schedule II classification of cocaine as a narcotic under 21 U.S.C. § 812 is constitutional. United States v. Marshall, 532 F.2d 1279, 1287-88 (9th Cir. 1976); United States v. Harper, 530 F.2d 828 (9th Cir.), cert. denied, 429 U.S. 820 , 97 S.Ct. 66 , 50 L.Ed.2d 80 (1976); United States v. Stieren, 608 F.2d 1135, 1136 (8th Cir. 1979); United States v. Vila, 599 F.2d 21, 25 (2d Cir. 1979); Government of Canal Zone v. Davis, 592 F.2d 887, 890 (5th Cir. 1979); United States v. Solow, 574 F.2d 1318 (5th Cir. 1978); United States v. Lane, 574 F.2d 1019, 1022 (10th Cir.), cert.…