CRUZ

v.

UNITED STATES

Citator

Cited By (42 total)

• United States v. Phillips, 664 F.2d 971 (5th Cir. 1981)
  …hin the ambit of RICO because marijuana is not a narcotic or dangerous drug. However, marijuana has been classified as a Schedule I controlled substance. See, e. g., United States v. Erwin, [*1040] 602 F. 2d 1183, 1185 (5th Cir. 1979), cert. denied, 444 U.S. 1071, 100 S.Ct. 1014, 62 L.Ed.2d 752 (1980). Marijuana may be the subject matter of a RICO charge. See United States v. Smith, 574 F. 2d 308 (5th Cir.), cert. denied, 439 U.S. 931, 99 S.Ct. 321, 58 L.Ed.2d 325 (1978), subsequent appeal sub nom. United St…
• United States v. DeSIMONE, 660 F.2d 532 (5th Cir. 1981)
  …buse Prevention and Control Act of 1970, 21 U.S.C.A. § 801 et. seq., have been considered and rejected before. See United States v. Odum, 625 F. 2d 626, 630 (5th Cir. 1980); United States v. Erwin, 602 F. 2d 1183, 1185 (5th Cir. 1979), cert. denied, 444 U.S. 1071, 100 S.Ct. 1014, 62 L.Ed.2d 752 (1980); U.S. v. Gramlich, 551 F. 2d 1359, 1364 (5th Cir. 1977). However, the appellants succeed on their assertion that the special parole terms imposed in connection with the convictions on the two conspiracy counts…
• United States v. Jonas, 639 F.2d 200 (5th Cir. 1981)
  …f the stop was “to conduct a safety and document inspection and to look for obvious customs and narcotics violations.” United States v. Warren, supra, 578 F. 2d at 1065. See United States v. Erwin, 602 F. 2d 1183, 1184 (5th Cir. 1979), cert. denied, 444 U.S. 1071, 100 S.Ct. 1014, 62 L.Ed.2d 752 (1980). See also United States v. Peabody, 626 F. 2d 1300, 1301 (5th Cir. 1980) (rejecting contention that Section 89(a) stop and boarding were pretext to search for contraband). The marijuana was first observed thro…