549 F.2d 107 - United States v. Rogers — 549 F.2d 107

How this case has been cited

Cited by 9 later decisions — most recently April 2015

8 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *108Benjamin O. Andersen (argued), of Glad-stein, Leonard, Patsey & Andersen, San Francisco, Cal., Mark I. Soler (argued), of Soler, Treuhaft, Walker, Brown & Cooper, Oakland, Cal., for appellants.

¶2Raymond D. Pike, Asst. U. S. Atty. (argued), Reno, Nev., for appellee.

¶3Before ELY, CARTER and GOODWIN, Circuit Judges.

¶4PER CURIAM:

¶5In these combined appeals from convictions arising out of transactions with 4,293 pounds of marijuana, the appellants challenge as irrational and therefore unconstitutional the laws and regulations denouncing the importation and related possessory offenses and conspiracies to commit those offenses in respect to marijuana.

¶6They also ask us to hold, on the “cannabis species” defense, that the particular species of marijuana here involved is not the one Congress intended to denounce in the challenged laws. Neither point requires discussion.

¶7The constitutionality of the marijuana laws has been settled adversely to the appellants in this circuit. United States v. Rodriquez-Camacho, 468 F.2d 1220, 1222 (9th Cir. 1972), cert. denied, 410 U.S. 985, 93 S.Ct. 1512, 36 L.Ed.2d 182 (1973); see also United States v. Kiffer, 477 F.2d 349, 356-357 (2d Cir. 1973), cert. denied, 414 U.S. 831, 94 S.Ct. 62, 38 L.Ed.2d 65 (1973).

¶8The so-called species defense was rejected by this court in United States v. Kelly, 527 F.2d 961 (9th Cir. 1976).

¶9Affirmed.