United States v. Bonnie Ann Durham, United States of America v. Jerome Sherman Stanley

We are asked to determine whether methamphetamine is properly listed in Schedule II of the schedules of controlled substances established by the Controlled Substances Act. 21 U.S.C. §§ 811 , et seq. For the reasons stated we hold that the presence of methamphetamine as a component ingredient of certain over-the-counter drugs has no effect on the inclusion of methamphetamine as a Schedule II controlled substance. We also hold that the defect in appointment of a Special Assistant United States Attorney requires a remand to the district court to determine the extent of the supervision and control exercised by the United States Attorney’s Office.

I

Appellants Jerome Stanley and Bonnie Ann Durham were convicted of several offenses relating to the manufacture and pos session of methamphetamine. Only Stanley has raised issues relating to methamphetamine as a Schedule II substance. Stanley did not raise his primary contention concerning whether methamphetamine is properly placed within the schedules of controlled substances in the trial court. This contention will be reviewed for plain error. See United States v. Hernandez, 876 F.2d 774 (9th Cir.), cert. denied, — U.S.-, 110 S.Ct. 179 ,…