Owsley Stanley v. United States
Headline: Court vacates and remands possession convictions for three men to the appeals court to consider the Government’s memo, allowing limited review while leaving other drug convictions in place.
Holding:
- Vacates possession convictions for three defendants pending reconsideration by the appeals court.
- Leaves other manufacturing and conspiracy convictions in place for now.
- Highlights that 1968 possession changes did not apply to earlier offenses.
Summary
Background
Three defendants (Stanley, Thomas, and Massey) and others were investigated after undercover work in late 1966 and 1967. An undercover agent, Krusko, twice bought LSD from a man named Spires (once for $3,400), and conversations described a planned laboratory and large sales. Officers executed a search warrant on December 21 and found a small LSD manufacturing setup, 472 grams of 5.3% LSD powder, and a bottle with 42 grams of 95% pure LSD. The 42 grams was said to be worth about $105,000 at the quoted prices. The government charged manufacture, possession, and conspiracy against the defendants; Spires also faced selling counts. All were convicted at trial, and the Court of Appeals found the evidence showed possession for sale.
Reasoning
The Supreme Court granted review only for the possession counts of Stanley, Thomas, and Massey, vacated those possession convictions, and sent the case back to the Court of Appeals to consider suggestions from the Solicitor General. The Court said this remand did not express any view on who should win on the merits. In other respects the Court refused to review the case, leaving the other convictions in place.
Real world impact
The remand means the appeals court must reconsider the possession-for-sale findings for the three men, which could change those convictions. Other convictions for manufacture and conspiracy remain undisturbed for now. The opinion also notes that a 1968 change made all possession criminal, but that change does not apply to offenses committed earlier.
Dissents or concurrances
Justice Douglas (joined by Justices White and Blackmun) dissented from the remand and would have denied review. He argued the 1965 law treated possession for sale as an offense, that the record showed possession for sale, and that issues about pardons and later 1968 changes do not justify the remand.
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