§ 841(b)(1)(A) and not subsection (B) as the defendant would have us analogize it to distribution or possession of marijuana.
While modern medicine may struggle with the definitions, theory and effect of cocaine, and others preach of liberalization and reform, my obligation is to perform under the mandate of Congress and to this I will adhere. Congress classifies cocaine as a narcotic and a Schedule II drug and as such the appropriate penalties will be imposed for any violations of their control. United States v. Harper, 530 F.2d 828, C.A.9, 1976; United States v. Smaldone, 484 F.2d 311, C.A.10, 1973; United States v. Umentum, 401 F. Supp. 746 (D.C.Wis.1975); United States v. Castro, 401 F. Supp. 120 (D.C.Ill.1975); United States v. Amidzich, 396 F. Supp. 1140 (D.C.Wis.1975); United States v. DiLaura, 394 F. Supp. 770 (D.C.Mass.1974); United States v. Hobbs, 392 F. Supp. 444 (D.C.Mass.1975); United States v. Miller, 387 F. Supp. 1097 (D.C.Conn.1975); United States v. Brookins, 383 F. Supp. 1212 (D.C.N.J.1974).
The defendant also makes a vain attempt in alleging constitutional infirmities with the present classification of cocaine. However, there is an obvious rational basis for its classification as a Schedule II drug and its reason for being controlled to prevent abuse. Any deprivation under the Fifth Amendment or any violation of the Equal Protection Clause is minimal and negated when balanced against the Government's concern in controlling an abusive drug. United States v. Castro, supra; United States v. Amidzich, supra; United States v. Brookins, supra.
What the defendant urges is that I alter both the Congressional statute and the indictment. This I cannot do. I must accept both as they come before me and as they charge the defendant. Should the defendant continue to disagree with Congress and the wording of the indictment that his violation of the statute dealt with cocaine as a narcotic, it will be incumbent upon him not to plead and to stand trial upon the factual or legal aspects as he raises them and as he might be able to prove them.
If he desires to plead guilty, the plea must be to the indictment as it is based upon the statute as Congress wrote it. In this sense only is it appropriate for me to accept a plea and to make a fair and just determination of an appropriate sentence in accord with the law and as the facts present themselves in the case. Under the circumstances the defendant may choose to stand on his plea of not guilty and go to trial, or plead to the indictment as it is written. Should he make the choice, he will do so within the next ten (10) days and notify the Clerk so that the matter may proceed as quickly as possible.
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