Richard D. Herndon v. United States

First Circuit

Richard D. Herndon v. United States

405 F.2d 882

CourtCourt of Appeals for the First Circuit

DecidedDecember 19, 1968

Docket7175

StatusPublished

This text of 405 F.2d 882 (Richard D. Herndon v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Richard D. Herndon v. United States, 405 F.2d 882 (1st Cir. 1968).

Pincite

Opinion

PER CURIAM.

Appellant, Richard D. Herndon, was convicted by a jury of selling lysergic acid diethylamide (LSD) in violation of 21 U.S.C. § 331 (q) (2). It is from the judgment of conviction that this appeal is now taken.

The gist of appellant’s argument here is that since the federal government has seen fit to grant a special exemption to the Native American Church, a religious organization of Indians, to use the hallucinogen peyote in connection with their religious services, it is a denial of equal protection of the laws and a form of religious discrimination to prohibit appellant, an alleged minister of the Neo American Church, from selling the hallucinogen LSD to a man who was introduced to him as a gangster interested in buying and distributing LSD.

We have carefully examined the record in this case, and it is quite obvious that appellant was involved solely in an illegal commercial transaction, not a protected religious practice. There is absolutely no evidence of any infringement of Herndon’s constitutional rights.

Accordingly the judgment of the district court will be affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant, Richard D. Herndon, was convicted by a jury of selling lysergic acid diethylamide (LSD) in violation of 21 U.S.C. § 331 (q) (2). It is from the judgment of conviction that this appeal is now taken.

The gist of appellant’s argument here is that since the federal government has seen fit to grant a special exemption to the Native American Church, a religious organization of Indians, to use the hallucinogen peyote in connection with their religious services, it is a denial of equal protection of the laws and a form of religious discrimination to prohibit appellant, an alleged minister of the Neo American Church, from selling the hallucinogen LSD to a man who was introduced to him as a gangster interested in buying and distributing LSD.

We have carefully examined the record in this case, and it is quite obvious that appellant was involved solely in an illegal commercial transaction, not a protected religious practice. There is absolutely no evidence of any infringement of Herndon’s constitutional rights.

Accordingly the judgment of the district court will be affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

405 F.2d 882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-d-herndon-v-united-states-ca1-1968.

Opinion

Related

Cite This Page — Counsel Stack