Opinion
No. 72-2325. Summary Calendar.
Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir., 1970, 431 F.2d 409.
November 2, 1972. Rehearing Denied November 27, 1972.
Alan E. Weinstein, Miami Beach, Fla., for Leisner.
Harvey S. Swickle, Miami Beach, Fla., for Zatsky.
Robert W. Rust, U.S. Att;y., Michael P. Sullivan, Asst. U.S. Att;y., Miami, Fla., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.
Appellants were convicted of violation of the Comprehensive drug Abuse Prevention and Control Act of 1970, 21 U.S.C. §§ 841(a)(1), 846. The sole contention on appeal is that the Act is unconstitutional because it fails to require proof of a specific connection between the prohibited drugs and interstate commerce as a prerequisite for conviction. This identical contention has been considered and rejected by us several times. See United States v. Lopez, 5 Cir., 1972, 459 F.2d 949; United States v. Lane et al., 5 Cir., 1972, 461 F.2d 343; United States v. Lopez, et al., 5 Cir., 1972, 461 F.2d 499; United States v. Mather, 5 Cir., 1972, 465 F.2d 1035.
Affirmed.