U.S. v. Stieren, No. 79-1572

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBefore LAY, HEANEY and HENLEY; LAY
Citation608 F.2d 1135
PartiesUNITED STATES of America, Appellee, v. John Arthur STIEREN, Appellant.
Docket NumberNo. 79-1572
Decision Date31 October 1979

Page 1135

608 F.2d 1135
UNITED STATES of America, Appellee,
v.
John Arthur STIEREN, Appellant.
No. 79-1572.
United States Court of Appeals,
Eighth Circuit.
Submitted Oct. 11, 1979.
Decided Oct. 31, 1979.

Wilford M. Forker, Sioux City, Iowa, and Charles A. Bellows, Chicago, Ill., for appellant.

James H. Reynolds, U. S. Atty., and Acher E. Schroeder, Asst. U. S. Atty., Sioux City, Iowa, for appellee.

Page 1136

Before LAY, HEANEY and HENLEY, Circuit Judges.

LAY, Circuit Judge.

John Arthur Stieren appeals from the judgment of conviction for possession of cocaine with intent to distribute and dispense under 21 U.S.C. § 841(a)(1). Stieren contends that the statute is unconstitutional because "cocaine is classified as a narcotic under Schedule II of 21 U.S.C. § 812(c), when as a matter of scientific and medical fact cocaine is not a narcotic but is a non-narcotic stimulant."

The sufficiency of the evidence is not disputed. Stieren was convicted after special agents testified that he was in possession of and attempted to sell them a large quantity of cocaine. Defendant urges that the testimony and reports by physicians and scientists demonstrate that cocaine is not a narcotic. He also cites cases which hold that cocaine is not a narcotic under the pharmacological definition of the term. State v. Erickson, 574 P.2d 1 (Alaska 1978). 1

The cases relied upon by defendant to support the argument that classifying cocaine as a narcotic is violative of his due process and equal protection rights are general in nature. It is well settled that the classification of cocaine under Schedule II of 21 U.S.C. § 812 is not a constitutional violation. United States v. Vila, 599 F.2d 21, 25 (2d Cir. 1979); Canal Zone v. Davis, 592 F.2d 887, 890 (5th Cir. 1979); United States v. Szycher, 585 F.2d 443, 444-45 (10th Cir. 1978); United States v. Solow, 574 F.2d 1318 (5th Cir. 1978); United States v. Lane, 574 F.2d 1019, 1022 (10th Cir.), Cert. denied, 439 U.S. 867, 99 S.Ct. 193, 58 L.Ed.2d 177 (1978); United States v. Wheaton, 557 F.2d 275, 277 (1st Cir. 1977); United States v. Marshall, 532 F.2d 1279, 1287-88 (9th Cir. 1976); United States v. Smaldone, 484 F.2d 311, 319-20 (10th Cir. 1973). Cf. United States v. Marshall, 526 F.2d 1349, 1360-61 (9th Cir.), Cert. denied, 426 U.S. 923, 96 S.Ct. 2631, 49 L.Ed.2d 376 (1976); United States v. Perez, 491 F.2d 167, 172 (9th Cir. 1974) (both heroin and cocaine are "narcotic drugs"). Contra, Commonwealth v. Miller, 20 Crim.L.Rep. (BNA) 2331 (Roxbury, Mass., Dist.Mun.Ct.) (statute banning the use of cocaine was in violation of the Constitution).

Defendant urges the court to review this...

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10 practice notes
  • U.S. v. Whitley, Nos. 83-5428
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • May 2, 1984
    ...is clearly within Congress' prerogative to classify cocaine as a narcotic for penalty and regulatory purposes. United States v. Stieren, 608 F.2d 1135, 1136 (8th Cir.1979). It is well-settled that such a classification of cocaine as a Schedule II Controlled Substance is not a constitutional......
  • US v. One Parcel of Property, No. C 90-1012.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • October 8, 1991
    ...651-54 (Iowa 1974). Because the Uniform Controlled Substances Act was modeled after the federal drug laws, see United States v. Stieren, 608 F.2d 1135, 1137 n. 2 (8th Cir.1979), the provisions in 21 U.S.C. § 841 are very similar to the provisions in Iowa Code §...
  • United States v. Suquet, No. 80 CR 718.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • July 20, 1982
    ...585, 594 (E.D.Wis. 1981); accord, United States v. LaFroscia, 354 F.Supp. 1338, 1341 (S.D.N.Y.1973); cf. United States v. Stieren, 608 F.2d 1135, 1137 (8th Cir.1979) ("If cocaine is to be reclassified, defendant's argument should be made to the legislative branch, not the courts.") Under th......
  • People v. McCarty, No. 54745
    • United States
    • Supreme Court of Illinois
    • September 30, 1981
    ...90 Misc.2d 568, 395 N.Y.S.2d 353; Canal Zone v. Davis (5th Cir. 1979), 592 F.2d 887; United States v. Stieren (8th Cir. 1979), 608 F.2d 1135; United States v. Vila (2d Cir. 1979), 599 F.2d 21, cert. denied (1979), 444 U.S. 837, 100 S.Ct. 73, 62 L.Ed.2d 48; United States v. Solow (5th Cir. 1......
  • Request a trial to view additional results
10 cases
  • U.S. v. Whitley, Nos. 83-5428
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • May 2, 1984
    ...is clearly within Congress' prerogative to classify cocaine as a narcotic for penalty and regulatory purposes. United States v. Stieren, 608 F.2d 1135, 1136 (8th Cir.1979). It is well-settled that such a classification of cocaine as a Schedule II Controlled Substance is not a constitutional......
  • US v. One Parcel of Property, No. C 90-1012.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • October 8, 1991
    ...651-54 (Iowa 1974). Because the Uniform Controlled Substances Act was modeled after the federal drug laws, see United States v. Stieren, 608 F.2d 1135, 1137 n. 2 (8th Cir.1979), the provisions in 21 U.S.C. § 841 are very similar to the provisions in Iowa Code §...
  • United States v. Suquet, No. 80 CR 718.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • July 20, 1982
    ...585, 594 (E.D.Wis. 1981); accord, United States v. LaFroscia, 354 F.Supp. 1338, 1341 (S.D.N.Y.1973); cf. United States v. Stieren, 608 F.2d 1135, 1137 (8th Cir.1979) ("If cocaine is to be reclassified, defendant's argument should be made to the legislative branch, not the courts.") Under th......
  • People v. McCarty, No. 54745
    • United States
    • Supreme Court of Illinois
    • September 30, 1981
    ...90 Misc.2d 568, 395 N.Y.S.2d 353; Canal Zone v. Davis (5th Cir. 1979), 592 F.2d 887; United States v. Stieren (8th Cir. 1979), 608 F.2d 1135; United States v. Vila (2d Cir. 1979), 599 F.2d 21, cert. denied (1979), 444 U.S. 837, 100 S.Ct. 73, 62 L.Ed.2d 48; United States v. Solow (5th Cir. 1......
  • Request a trial to view additional results

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