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UNITED STATES v. CASTRO

No. 74 CR 556.

401 F.Supp. 120 (1975)

UNITED STATES of America v. Jose CASTRO.

United States District Court, N. D. Illinois, E. D.

February 12, 1975.

Attorney(s) appearing for the Case

James M. Thompson, U. S. Atty., James M. Breen, Asst. U. S. Atty., Chicago, Ill., for plaintiff.

Thomas D. Decker, Federal Defender Program, Chicago, Ill., for defendant.

MEMORANDUM OPINION

WILL, District Judge.

The defendant herein, Jose Castro, is charged with distribution of 19 grams of cocaine in violation of 21 U.S.C. § 841 (a)(1). The defendant has moved to dismiss the indictment against him contending that cocaine has been arbitrarily and irrationally classified as a narcotic drug for penalty purposes, thereby exposing him to a harsher maximum penalty than prescribed for medically comparable drugs listed in 21...

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