United States Tenth Circuit

A conviction for conspiracy to distribute methamphetamine and related methamphetamine and weapons counts is affirmed where, contrary to a claim that the government failed to prove that the methamphetamine in question was a controlled substance, 21 C.F.R section 1308.12(d) establishes that methamphetamine is a controlled substance and imposes no requirement on the government to prove that the quantity involved would have a stimulant effect on the central nervous system.

Appellate Information

• Decided 12/19/2007
• Published 12/20/2007

Judges

• McCONNELL, Circuit Judge., Before BRISCOE, EBEL, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: 


• For Appellees:
  
• James T. George, Lawrence, KS, for Defendant-Appellant., Eric F. Melgren, United States Attorney, and Terra D. Morehead, Assistant United States Attorney, Kansas City, KS, for Plaintiff-Appellee.