Court of Appeals for the Tenth Circuit June 4, 1979, 78-1796 (United States v. Anthony Ferguson Kaiser)

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McWILLIAMS, Circuit Judge.

Anthony Kaiser was convicted by a jury of distributing a controlled substance, namely amphetamine, in violation of 21 U.S.C. § 841(a)(1). In the indictment, amphetamine was described as a Schedule III controlled substance. This was an error, be it typographical or otherwise, as amphetamine is a Schedule II controlled substance, rather than Schedule III.