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U.S. v. WIDDOWSON

Nos. 89-2075, 89-2085 and 89-2086.

916 F.2d 587 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Robert WIDDOWSON, also known as Rob Sullivan, Bruce Bachman, and Michael Whiteley, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 15, 1990.

Attorney(s) appearing for the Case

Presiliano Torrez, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and Charlotte Mapes, Atty., Office of the Chief Counsel, Drug Enforcement Admin., with him on the brief), Albuquerque, N.M., for plaintiff-appellant.

Peter Schoenburg, Asst. Federal Defender (Nancy Hollander with him on the brief), Albuquerque, N.M., for defendants-appellees Bruce Bachman and Michael Whiteley.

Charles O. Grigson, Austin, Tex., filed a brief on behalf of defendant-appellee Robert Widdowson.

Before HOLLOWAY, Chief Judge, and SETH and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Defendants Robert Widdowson, Bruce Bachman, and Michael Whiteley were indicted on counts involving conspiracy to manufacture, manufacture, possession with intent to distribute, and distribution of the drug N-hydroxy-3, 4-methylenedioxyamphetamine (NMDA), temporarily classified as a Schedule I controlled substance. The Administrator of the Drug Enforcement Administration (DEA) placed NMDA temporarily on Schedule I, acting under a delegation order...

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