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United States v. Pedote

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


May 27, 1977

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
FRANK PEDOTE, MICHAEL DEMARO AND AUDREY DEMARO, DEFENDANTS-APPELLANTS.

Appeal from the United States District Court for the District of Illinois, Eastern Division. No. 76-Cr-513 - Bernard M. Decker, Judge.

Before Swygert and Sprecher, Circuit Judges, and Jameson, Senior District Judge.*fn*

Per Curiam: Appellants' contention that the failure of the Government to republish schedules of controlled substances under 21 U.S.C. ยง 812(a) resulted in a failure of proof that hereoin is a controlled substance was decided adversely to them in the recent Ninth Circuit decisions of United States v. Eddy, 549 F.2d 108 (9 Cir. 1976) and United States v. Monroe, 552 F.2d 860 (9 Cir. 1977). We adopt their reasoning here. The post-trial motion for a new trial or judgment of acquittal was properly denied.

The judgments of conviction are affirmed.*fn1


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