What is the test for a motion to dismiss a charge under section 812 of the Code of Federal Regulations?
MultiRegion, United States of America
The following excerpt is from U.S. v. Monroe, 552 F.2d 860 (9th Cir. 1977):
His contention fails for the reasons stated in United States v. Eddy, 549 F.2d 108 (9th Cir., May 24, 1976). There we held that the republication requirement of section 812 is satisfied by the annual publication of the updated schedules in the Code of Federal Regulations. That requirement has been fulfilled. 1 Because the schedules were in effect at the time of the offense, the indictment stated an offense. There was no error in refusing to dismiss the indictment.
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