United States v. Clifton Ray Middleton, 690 F.2d 820 (11th Cir. 1982). · Go Syfert
United States v. Clifton Ray Middleton, 690 F.2d 820 (11th Cir. 1982). Cases Citing This Book View Copy Cite
110 citation events (32 in the last 25 years) across 34 distinct courts.
Strongest positive: United States v. Lark Suddith (ca11, 2015-12-15)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
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discussed Cited as authority (rule) United States v. Lark Suddith (2×) also: Cited "see"
11th Cir. · 2015 · confidence medium
A defendant charged under 18 U.S.C. § 111 may assert, as an affirmative defense, a theory of self-defense, “which justifies the use of a reasonable amount of force against an adversary when a person reasonably believes that he is in immediate danger of unlawful bodily harm from his adversary and that the use of such force is necessary to avoid this danger.” United States v. Middleton, 690 F.2d 820, 826 (11th Cir.1982) (emphasis added). 4 C.Analysis Here, the district court did not abuse its discretion in denying Defendant Suddith’s proposed jury instruction because that instruction was …
discussed Cited as authority (rule) United States v. Wilde
N.D. Cal. · 2014 · confidence medium
See, e.g., United States v. Miroyan, 577 F.2d 489, 495 (9th Cir.1978), overruled on other grounds as recognized by United States v. Pineda-Moreno, 688 F.3d 1087, 1090-91 (9th Cir.2012); United States v. Fogarty, 692 F.2d 542, 547-48 (8th Cir.1982); United States v. Middleton, 690 F.2d 820, 822-24 (11th Cir.1982); United States v. White Plume, 447 F.3d 1067, 1075-76 (8th Cir.2006); United States v. Chan, No. CR-0375 SI, 2006 WL 734395 , at *5 (N.D.Cal.
discussed Cited as authority (rule) Storm-Eggink v. Gottfried
2d Cir. · 2011 · confidence medium
See United States v. Kiffer, 477 F.2d 349, 352 (2d Cir.1973); see also United States v. Fry, 787 F.2d 903, 905 (4th Cir.1986) (“There is no fundamental right to produce or distribute marijuana commercially.”); United States v. Fogarty, 692 F.2d 542, 547 (8th Cir.1982) (“[Tjhere is no fundamental constitutional right to import, sell, or possess marijuana ----”); cf. United States v. Greene, 892 F.2d 453, 454 (6th Cir.1989) (holding that possession of marijuana is not protected by the free exercise clause of the First Amendment); United States v. Middleton, 690 F.2d 820, 825-26 (11th Cir…
discussed Cited as authority (rule) United States v. Kottwitz (2×)
11th Cir. · 2010 · confidence medium
United States v. Opdahl, 930 F.2d 1530, 1535 (11th Cir.1991) (citation omitted); United States v. Middleton, 690 F.2d 820, 826 (11th Cir. 1982); Strauss v. United States, 376 F.2d 416, 419 (5th Cir.1967). "[I]t is reversible error to refuse to charge on a defense theory for which there is an evidentiary foundation and which, if believed by the jury, would be legally sufficient to render the accused innocent." United States v. Edwards, 968 F.2d 1148, 1153 (11th Cir. 1992) (quotation marks and citation omitted).
discussed Cited as authority (rule) United States v. Sammy David Fontanez-Mercado
11th Cir. · 2010 · confidence medium
“Generally, self-defense is a defense which justifies the use of a reasonable amount of force against an adversary when a person reasonably believes that he is in immediate danger of unlawful bodily harm from his adversary and that the use of such force is necessary to avoid this danger.” United States v. Middleton, 690 F.2d 820, 826 (11th Cir.1982).
discussed Cited as authority (rule) Hutchinson v. Maine
D. Me. · 2009 · confidence medium
See United States v. Rush, 738 F.2d 497, 513 (1st Cir.1984) (federal controlled substance prohibition); see also Olsen v. State of Iowa, 808 F.2d 652, 653 (8th Cir.1986)(state criminal statute); see also e.g., United States v. Greene, 892 F.2d 453, 456-57 (6th Cir.1989); Olsen v. Drug Enforcement Admin., 878 F.2d 1458, 1462-63 (D.C.Cir.1989); United States v. Middleton, 690 F.2d 820, 826 (11th Cir.1982).
discussed Cited as authority (rule) Olsen v. Holder
S.D. Iowa · 2009 · confidence medium
See United States v. Burton, 894 F.2d 188, 192 (6th Cir.1990) (“[I]t has repeatedly been determined, and correctly so, that reclassification is clearly a task for the legislature and the attorney general and not a judicial one.”); United States v. Wables, 731 F.2d 440, 450 (7th Cir.1984) (“We hold that the proper statutory classification of marijuana is an issue that is reserved to the judgment of Congress and to the discretion of the Attorney General.”); United States v. Middleton, 690 F.2d 820, 823 (11th Cir.1982) (“The determination of whether new evidence regarding either the med…
discussed Cited as authority (rule) State v. Hardesty
Ariz. Ct. App. · 2009 · confidence medium
In light of this history, the court “deeline[d] to second-guess the unanimous precedent establishing an overriding governmental interest in regulating marijuana.” Id. at 512-13 . ¶ 35 Similarly, in United States v. Middleton, 690 F.2d 820, 822 (11th Cir.1982), the defendants challenged laws prohibiting the importation and possession of marijuana, asserting that they violated their right to the free exercise of religion under the First Amendment.
cited Cited as authority (rule) Burton v. State
Tex. App. · 2006 · confidence medium
See, e.g., Olsen v. Iowa, 808 F.2d 652, 652 (8th Cir.1986); United States v. Rush, 738 F.2d 497, 511-13 (1st Cir.1984); United States v. Middleton, 690 F.2d 820, 824-26 (11th Cir.1982).
discussed Cited as authority (rule) O Centro Espirita Beneficiente Uniao Do Vegetal v. Ashcroft
10th Cir. · 2004 · confidence medium
See United States v. Greene, 892 F.2d 453, 456-57 (6th Cir.1989); Olsen v. DEA, 878 F.2d 1458, 1462-63 (D.C.Cir.1989); Olsen v. Iowa, 808 F.2d 652, 653 (8th Cir.1986); United States v. Rush, 738 F.2d 497 , 512-13 (1st Cir.1984); United States v. Middleton, 690 F.2d 820, 824 (11th Cir.1982).
discussed Cited as authority (rule) O Centro Espirita Beneficiente Uniao Do Vegetal v. John Ashcroft
10th Cir. · 2004 · confidence medium
See United States v. Greene, 892 F.2d 453, 456-57 (6th Cir.1989); Olsen v. DEA, 878 F.2d 1458, 1462-63 (D.C.Cir.1989); Olsen v. Iowa, 808 F.2d 652, 653 (8th Cir.1986); United States v. Rush, 738 F.2d 497 , 512-13 (1st Cir.1984); United States v. Middleton, 690 F.2d 820, 824 (11th Cir.1982).
discussed Cited as authority (rule) United States v. Jefferson, Jarvis
7th Cir. · 2003 · confidence medium
Cir. 1989) (allowing regulation of “sacramental” marijuana use by Ethiopian Zion Church because of the government’s “compelling interest”); United States v. Middleton, 690 F.2d 820, 823 (11th Cir. 1982) (same); United States v. Rush, 738 F.2d 497, 513 (1st Cir. 1984) (“Every federal court that has considered the matter . . . has accepted the congressional determination that marijuana in fact poses a real threat to individual health and social welfare, and has upheld the criminal sanctions for possession and distribution of marijuana even where such sanctions infringe on the free ex…
discussed Cited as authority (rule) United States v. Rohi Israel F/k/a Jarvis Jefferson
7th Cir. · 2003 · confidence medium
See, e.g., Olsen v. DEA, 878 F.2d 1458, 1460-63 (D.C.Cir.1989) (allowing regulation of “sacramental” marijuana use by Ethiopian Zion Church because of the government’s “compelling interest”); United States v. Middleton, 690 F.2d 820, 823 (11th Cir.1982) (same); United States v. Rush, 738 F.2d 497, 513 (1st Cir.1984) (“Every federal court that has considered the matter ... has accepted the congressional determination that marijuana in fact poses a real threat to individual health and social welfare, and has upheld the criminal sanctions for possession and distribution of marijuana e…
discussed Cited as authority (rule) O Centro Espirita Beneficiente Uniao De Vegetal v. Ashcroft
10th Cir. · 2002 · confidence medium
See United States v. Greene, 892 F.2d 453, 456-57 (6th Cir.1989); Olsen v. DEA, 878 F.2d 1458, 1461-62 (D.C.Cir.1989); Olsen v. Iowa, 808 F.2d 652, 653 (8th Cir.1986); United States v. Rush, 738 F.2d 497, 512-13 (1st Cir.1984); United States v. Middleton, 690 F.2d 820, 824 (11th Cir.1982); see also Employment Div. v. Smith, 494 U.S. 872, 905 , 110 S.Ct. 1595 , 108 L.Ed.2d 876 (1990) (O’Connor, J., concurring).
discussed Cited as authority (rule) O Centro Espirita Beneficiente Uniao De Vegetal v. John Ashcroft
10th Cir. · 2002 · confidence medium
See United States v. Greene, 892 F.2d 453, 456-57 (6th Cir.1989); Olsen v. DEA, 878 F.2d 1458, 1461-62 (D.C.Cir.1989); Olsen v. Iowa, 808 F.2d 652, 653 (8th Cir.1986); United States v. Rush, 738 F.2d 497, 512-13 (1st Cir.1984); United States v. Middleton, 690 F.2d 820, 824 (11th Cir.1982); see also Employment Div. v. Smith, 494 U.S. 872, 905 , 110 S.Ct. 1595 , 108 L.Ed.2d 876 (1990) (O'Connor, J., concurring).
discussed Cited as authority (rule) United States v. Smith
6th Cir. · 2002 · confidence medium
See Greene, 892 F.2d at 455-56 ; United States v. Fry, 787 F.2d 903, 905 (4th Cir.1986); United States v. Fogarty, 692 F.2d 542, 547 (8th Cir.1982); United States v. Middleton, 690 F.2d 820, 823 (11th Cir.1982).
discussed Cited as authority (rule) O Centro Espirita Beneficiente Uniao Do Vegetal v. Ashcroft
D.N.M. · 2002 · confidence medium
See, e.g., United States v. Greene, 892 F.2d 453, 456-57 (6th Cir.1989) (“Every federal court that has considered this issue has accepted Congress' determination that marijuana poses a real threat to individual health and social welfare and had upheld criminal penalties for possession and distribution even where such penalties may infringe to some extent on the free exercise of religion.”); United States v. Middleton, 690 F.2d 820, 825 (11th Cir.1982), quoting Leary v. United States, 383 F.2d 851, 860-61 (5th Cir.1967) (“It would be difficult to imagine the harm which would result if the…
discussed Cited as authority (rule) United States v. Jefferson
N.D. Ind. · 2001 · confidence medium
Indeed, the governmental interest in prohibiting the possession and distribution of a Schedule I substance is “of the highest order,” because use of these substances “poses a substantial threat to public health, safety and welfare.” United States v. Warner, 595 F.Supp. 595, 598 (D.N.D.1984) (discussing peyote); Olsen, 878 F.2d at 1460-63 (use of marijuana as sacrament by Ethiopian Zion Church may be regulated because of Government’s compelling interest in regulation of marijuana); United States v. Middleton, 690 F.2d 820, 823 (11th Cir.1982) (compelling interest in regulating and con…
cited Cited as authority (rule) United States v. Nicholas Grant
11th Cir. · 2001 · confidence medium
Id.; United States v. Middleton, 690 F.2d 820, 827 (11th Cir. 1982).
cited Cited as authority (rule) United States v. Nicholas Grant
11th Cir. · 2001 · confidence medium
Id.; United States v. Middleton, 690 F.2d 820, 827 (11th Cir. 1982).
discussed Cited as authority (rule) Seeley v. State
Wash. · 1997 · confidence medium
United States v. Greene, 892 F.2d 453 (6th Cir. 1989), cert. denied, 495 U.S. 935 , 110 S.Ct. 2179 , 109 L.Ed.2d 508 (1990); United States v. Fry, 787 F.2d 903 (4th Cir.1986), cert. denied, 479 U.S. 861 , 107 S.Ct. 209 , 93 L.Ed.2d 139 (1986); United States v. Maiden, 355 F.Supp. 743 (D.C.Conn. 1973); United States v. Fogarty, 692 F.2d 542 (8th Cir.1982), cert. denied, 460 U.S. 1040 , 103 S.Ct. 1434 , 75 L.Ed.2d 792 (1983); United States v. Middleton, 690 F.2d 820, 823 (11th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983); United States v. Kiffer, 477 F.2d 349 (…
discussed Cited as authority (rule) Seeley v. State
Wash. · 1997 · confidence medium
Conn. 1973); United States v. Fogarty, 692 F.2d 542 (8th Cir. 1982), cert. denied, 460 U.S. 1040 (1983); United States v. Middleton, 690 F.2d 820, 823 (11th Cir. 1982), cert. denied, 460 U.S. 1051 (1983); United States v. Kiffer, 477 F.2d 349 (2d Cir.), cert. denied, 414 U.S. 831 (1973).
discussed Cited as authority (rule) People v. Peck
Cal. Ct. App. · 1996 · confidence medium
App. 1984) 471 A.2d 1018, 1021 [Rastafarians]; United States v. Middleton (11th Cir. 1982) 690 F.2d 820, 824 [Ethiopian Zion Coptic Church]; State v. Olsen (Iowa 1982) 315 N.W.2d 1, 9 [Ethiopian Zion Coptic Church]; Town v. State ex rel.
discussed Cited as authority (rule) United States v. David Meyers (2×)
10th Cir. · 1996 · confidence medium
Comm’rs of Mobile County, 827 F.2d 684, 689 (11th Cir.1987) (assuming secular humanism is a religion for purposes of the Establishment Clause); United States v. Middleton, 690 F.2d 820, 824 (11th Cir.1982) (assuming Ethiopian Zion Coptic Church is a valid religion), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983); see also Jones v. Bradley, 590 F.2d 294, 296-97 (9th Cir.1979) (assuming members of the Universal Life Church are entitled to First Amendment protection).
discussed Cited as authority (rule) United States v. Meyers
10th Cir. · 1996 · confidence medium
Comm'rs of Mobile County, 827 F.2d 684, 689 (11th Cir. 1987) (assuming secular humanism is a religion for purposes of the Establishment Clause); United States v. Middleton, 690 F.2d 820, 824 (11th Cir. 1982) (assuming Ethiopian Zion Coptic Church is a valid religion), cert. denied, 460 U.S. 1051 (1983); see also Jones v. Bradley, 590 F.2d 294, 296-97 (9th Cir. 1979) (assuming members of the Universal Life Church are - 8 - entitled to First Amendment protection).
discussed Cited as authority (rule) United States v. Thomas F. Brown
8th Cir. · 1995 · confidence medium
See United States v. Fogarty, 692 F.2d 542, 547-48 (8th Cir.1982) (classification of marijuana is rationally based and is matter for legislative, not judicial, prerogative), cert. denied, 460 U.S. 1040 (1983); see also Greene, 892 F.2d at 455-56 ; United States v. Rush, 738 F.2d 497, 512-13 (1st Cir.1984), cert. denied, 470 U.S. 1004 (1985); United States v. Middleton, 690 F.2d 820, 822-24 (11th Cir.1982), cert. denied, 460 U.S. 1051 (1983). 10 We agree with the district court that, based on Our Church's broad use, the government could not have tailored the restriction to accommodate Our Churc…
cited Cited as authority (rule) United States v. Ana Dolores Ruiz, Jose Aviles, and William Perez
11th Cir. · 1995 · confidence medium
United States v. Middleton, 690 F.2d 820, 826 (11th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983).
discussed Cited as authority (rule) United States v. James Richard Burton (2×)
6th Cir. · 1990 · confidence medium
See U.S. v. Greene, 892 F.2d 453 (6th Cir.1989); United States v. Wables, 731 F.2d 440, 450 (7th Cir.1984); United States v. Middleton, 690 F.2d 820, 823 (11th Cir.1982). 3 A similar conclusion may be reached regarding defendant’s claim that the penalty for simple possession violates various constitutional protections.
discussed Cited as authority (rule) Carl Eric Olsen v. Drug Enforcement Administration, Carl Eric Olsen v. John Lawn, Administrator, Drug Enforcement Administration (2×)
D.C. Cir. · 1989 · confidence medium
Rush, 738 F.2d at 513 (First Circuit); Olsen v. Iowa, 808 F.2d at 653 (Eighth Circuit); Middleton, 690 F.2d at 825 (Eleventh Circuit).
discussed Cited as authority (rule) DeSisto College, Inc. v. Town of Howey-In-The-Hills
M.D. Fla. · 1989 · confidence medium
See United States Railroad Retirement Board v. Fritz, 449 U.S. 166, 179 , 101 S.Ct. 453, 461 , 66 L.Ed.2d 368 (1980); see also Silver v. Baggiano, 804 F.2d 1211, 1218-19 (11th Cir.1986); United States v. Middleton, 690 F.2d 820, 822-23 (11th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983); Equity Group Holdings v. DMG, Inc., 576 F.Supp. 1197, 1205-06 (S.D.Fla.1983) (“The Court infers that the legislature means what it does not say, as well as what it explicitly has set forth in the laws it has passed”); cf. Cleburne, 473 U.S. at 448 , 105 S.Ct. at 3258 (find…
discussed Cited as authority (rule) State v. Peck
Wis. Ct. App. · 1988 · confidence medium
By the Court. — Judgment and orders affirmed. 1 See e.g., United States v. Middleton, 690 F.2d 820, 825-26 (11th Cir. 1982), cert. denied, 460 U.S. 1051 (1983); United States v. Spears, 443 F.2d 895 , 896 (5th Cir. 1971), cert. denied, 404 U.S. 1020 (1972); Leary v. United States, 383 F.2d 851, 859-62 (5th Cir. 1967), rev’d on other grounds, 395 U.S. 6 (1969); Olsen v. State of Iowa, 649 F. Supp. 14, 16 (S.D.
discussed Cited as authority (rule) United States v. Severich
S.D. Fla. · 1988 · confidence medium
Federal statutes, this Circuit has recognized, “are presumptively valid unless it be shown that the statute in question bears no rational relationship to a legitimate legislative purpose (citations omitted).” United States v. Middleton, 690 F.2d 820, 822 (11th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983).
discussed Cited as authority (rule) United States v. Billie (2×) also: Cited "see"
S.D. Fla. · 1987 · confidence medium
See, e.g., United States v. Lee, 455 U.S. 252 , 102 S.Ct. 1051 , 71 L.Ed.2d 127 (1982) (Social Security taxes may be constitutionally imposed on persons who object on religious grounds to payment of taxes to support public insurance funds); United States v. Middleton, 690 F.2d 820, 824-26 (11th Cir.1982) (defendant’s religious interest in marijuana use outweighed by compelling governmental interest in regulation of illegal drugs), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983).
discussed Cited as authority (rule) Carl Eric Olsen v. State of Iowa
8th Cir. · 1986 · confidence medium
See, e.g., United States v. Rush, 738 F.2d 497, 511-513 (1st Cir.1984), cert. denied, 471 U.S. 1120 , 105 S.Ct. 2370 , 86 L.Ed.2d 269 (1985) (rejecting free-exercise and equal protection claims by members of the Ethiopian Zion Coptic Church convicted for possession of marijuana); United States v. Middleton, 690 F.2d 820, 824-825 (11th Cir.1982) (rejecting similar free-exercise claim); Randall v. Wyrick, 441 F.Supp. 312, 315-316 (W.D.Mo.1977) (rejecting similar free-exercise claims by members of the Aquarian Brotherhood Church).
discussed Cited as authority (rule) United States v. Stacey Lynn Merkt and John B. Elder
5th Cir. · 1986 · confidence medium
See United States v. Rush, 738 F.2d 497, 511-13 (1st Cir.1984), cert. denied, — U.S. *955 —, 105 S.Ct. 1355 , 84 L.Ed.2d 378 (1985); United States v. Middleton, 690 F.2d 820, 824-26 (11th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983); Leary v. United States, 383 F.2d 851, 859-61 (5th Cir.1967), rev’d in part and remanded on other grounds, 395 U.S. 6 , 89 S.Ct. 1532 , 23 L.Ed.2d 57 (1969).
discussed Cited as authority (rule) United States v. Robert H. Fry
4th Cir. · 1986 · confidence medium
See Gaertner, supra; Kiffer, supra; United States v. Rodriquez-Camacho, 468 F.2d 1220, 1222 (9th Cir.1972), cert. denied, 410 U.S. 985 , 93 S.Ct. 1512 , 36 L.Ed.2d 182 (1973); see also United States v. Fogarty, 692 F.2d 542, 547-48 (8th Cir.1982) (classification of marijuana as Schedule I drug constitutional), ce rt. denied, 460 U.S. 1040 , 103 S.Ct. 1434 , 75 L.Ed.2d 792 (1983); United States v. Middleton, 690 F.2d 820, 824 (11th Cir. 1982) (same), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983).
cited Cited as authority (rule) United States v. Paul Cotton, Efrain Madrid, and Carlos Fernando Pereira
11th Cir. · 1985 · confidence medium
United States v. Snowden, 735 F.2d 1310, 1315 (11th Cir.1984); United States v. Middleton, 690 F.2d 820, 826 (11th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983).
discussed Cited as authority (rule) United States v. John Jacob Wells
1st Cir. · 1985 · signal: cf. · confidence medium
Cf. United States v. Middleton, 690 F.2d 820, 827 (11th Cir.1982) (where defendant was present at arraignment at which magistrate announced trial date, and where defendant nevertheless failed to appear for trial, jury permissibly could find "willful” failure to appear beyond a reasonable doubt), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983). 10 .
cited Cited as authority (rule) Randall Collins v. William French Smith Attorney General Claire A. Cripe, General Counsel United States Bureau of Prisons
6th Cir. · 1985 · confidence medium
See United States v. Rush, 738 F.2d 497 (1st Cir. 1984); United States v. Middleton, 690 F.2d 820, 824-26 (11th Cir. 1982); cert. denied, 460 U.S. 1051 (1983).
discussed Cited as authority (rule) United States v. Warner
D.N.D. · 1984 · confidence medium
United States v. Middleton, 690 F.2d 820, 825 (11th Cir. 1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983), citing United States v. Hudson, 431 F.2d 468 , 469 (5th Cir.1970), cert. denied, 400 U.S. 1011 , 91 S.Ct. 577 , 27 L.Ed.2d 577 (1971) (the use of drugs as part of religious practice is not constitutionally privileged).
discussed Cited as authority (rule) United States v. Donald Nixon Rush, Larry Joseph Lancelotti, Gregory Lee Lancelotti, Harry J. Shnurman, Robert Michael Cohen, Thomas G. Converse, David Earl Johnson, Irving F. Imoberstag, Carl Eric Olsen, Jacob Shnurman, Randall Collins, Jeffrey Allen Brown, and David Nissenbaum, United States of America v. Michael Lee Risolvato, United States of America v. Charles Leaton
1st Cir. · 1984 · confidence medium
United States v. Middleton, 690 F.2d 820, 825 (11th Cir.1982), cert. denied, --- U.S. ----, 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983); United States v. Spears, 443 F.2d 895 (5th Cir.1971), cert. denied, 404 U.S. 1020 , 92 S.Ct. 693 , 30 L.Ed.2d 669 (1972); Leary v. United States, 383 F.2d 851, 859-61 (5th Cir.1967), rev'd on other grounds, 395 U.S. 6 , 89 S.Ct. 1532 , 23 L.Ed.2d 57 (1969); Randall, 441 F.Supp. at 316 & n. 2; Kuch, 288 F.Supp. at 448 .
discussed Cited as authority (rule) Congregation Beth Yitzchok of Rockland, Inc. v. Town of Ramapo
S.D.N.Y. · 1984 · confidence medium
Braunfeld v. Brown, 366 U.S. 599, 607 , 81 S.Ct. 1144, 1148 , 6 L.Ed.2d 563 (1961); United States v. Middleton, 690 F.2d 820, 824 (11th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983).
cited Cited as authority (rule) United States v. Robert A. Snowden, Samuel S. Snowden, Douglas Edward Temples, Harold Dean Jackson, Lynn Harrison Johnson
11th Cir. · 1984 · confidence medium
United States v. Middleton, 690 F.2d 820, 826 (11th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983); United States v. Gaines, 690 F.2d 849, 855 (11th Cir.1982).
discussed Cited as authority (rule) United States v. Rush
1st Cir. · 1984 · confidence medium
United States v. Middleton, 690 F.2d 820, 825 (11th Cir.1982), cert. denied, 460 U.S. 1051 , 103 S.Ct. 1497 , 75 L.Ed.2d 929 (1983); United States v. Spears, 443 F.2d 895 (5th Cir.1971), cert. denied, 404 U.S. 1020 , 92 S.Ct. 693 , 30 L.Ed.2d 669 (1972); Leary v. United States, 383 F.2d 851, 859-61 (5th Cir.1967), rev’d on other grounds, 395 U.S. 6 , 89 S.Ct. 1532 , 23 L.Ed.2d 57 (1969); Randall, 441 F.Supp. at 316 & n. 2; Kuch, 288 F.Supp. at 448 .
examined Cited as authority (rule) Whyte v. United States (4×) also: Cited "see", Cited "see, e.g."
D.C. · 1984 · confidence medium
Thus, for example, the eleventh circuit in United States v. Middleton, 690 F.2d 820, 825 (11th Cir.1982), cert. denied, - U.S. -, 103 S.Ct. 1497 , 75 L.Ed.2d 929 , 91 S.Ct. 575 , 27 L.Ed.2d 624 (1983) held that the free exercise clause of the first amendment does not protect the possession of marijuana by a member of the Ethiopian Zion Coptic Church in light of the government’s compelling interest in controlling the use of drugs.
discussed Cited as authority (rule) Armin Grosz, Sarah Grosz and Naftali Grosz v. The City of Miami Beach, Florida
11th Cir. · 1983 · confidence medium
The belief/conduct distinction has survived, see, e.g., United States v. Middleton, 690 F.2d 820, 824 (11th Cir.1982), cert. denied, — U.S. —, 103 S.Ct. 1497 , 75 L.Ed.2d 929 ; United States v. Holmes, 614 F.2d 985, 989 (5th Cir.1980), despite criticism by commentators, see L.
discussed Cited "see" United States v. Juan Martinez
11th Cir. · 2026 · signal: see · confidence high
See United States v. Middleton, 690 F.2d 820, 826 (11th Cir. 1982) (holding that the judge “decides whether the facts constituting the defense framed by the proposed charge, if believed by the jury, are legally sufficient to render the accused innocent”).
discussed Cited "see" United States v. Cesar Quintero
11th Cir. · 2008 · signal: see · confidence high
See U.S. v. Middleton, 690 F.2d 820, 826 (11th Cir.1982) (“So long as there is some evidence relevant to the issue or the defense asserted, a trial court must instruct a jury regarding this issue and cannot determine the existence of such a defense as a matter of law.”).
discussed Cited "see" Nesbeth v. United States
D.C. · 2005 · signal: see · confidence high
See United States v. Middleton, 690 F.2d 820, 825 (11th Cir.1982) (“It would be difficult to imagine the harm which would result if the criminal statutes against marihuana were nullified as to those who claim the right to possess.”) (internal quotation marks and citations omitted); Israel, 317 F.3d at 772 (noting that creating a religious-use exception would “open the door to a weed-like proliferation of claims for religious exemptions”); Balzer, 954 P.2d at 940 (“[I]f the criminal statutes against marihuana were nullified as to those who claim the right to possess and traffic in thi…
cited Cited "see" Opinion No.
Ark. Att'y Gen. · 1994 · signal: see · confidence high
See Randall v. Wyrick, 441 F. Supp. at 315 , Olsen v. DEA, 878 F.2d at 1462 , and U.S. v. Middleton, 690 F.2d at 825 .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Clifton Ray MIDDLETON, Defendant-Appellant
81-5321, 81-5640.
Court of Appeals for the Eleventh Circuit.
Nov 1, 1982.
690 F.2d 820
1982 U.S. App. LEXIS 24449
Richard R. Booth, Arthur W. Tifford, Miami, Fla., for defendant-appellant., Barbara D. Schwartz, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.
Hill, Clark, Scott.
Cited by 73 opinions  |  Published
Pinpoint authority: bottom 55%
JAMES C. HILL, Circuit Judge:

This case consists of an appeal from convictions entered against the defendant for the crimes of importation of marijuana, possession of marijuana, resisting customs officers, and bail jumping.

The defendant, Clifton Ray Middleton, a member of the Ethiopian Zion Coptic Church, flew into Miami from Jamaica on April 11, 1972. Upon his arrival, the Customs Inspector asked Middleton to accompany him to a room for a secondary search of his baggage. Mr. Middleton then fled the customs enclosure, pursued by a number of customs personnel, and was caught. The defendant testified that he slipped and fell shortly after reaching the street and was set upon by several men as he tried to get up. Other evidence indicates that upon his capture, the defendant fought off the law enforcement officers by flailing his arms, kicking his feet, and squirming. Middleton continued this behavior as he was taken into the search room and later across the street to the public safety department. Marijuana was found in the defendant’s possession and the defendant was taken into custody. On April 14, 1972, the defendant was released on a $10,000 personal recognizance bond and was advised at that time that he was required to report to the public defender three times per week. Middleton complied with this condition until the week ending May 5, 1972.

On April 20, 1972, a federal grand jury returned a seven count indictment against Middleton. Count I charged the defendant with importation of marijuana, a Schedule I controlled substance in violation of 21[*822] U.S.C. §§ 952(a) and 963. Count II charged the defendant with possession of marijuana with the intent to distribute in violation of 21 U.S.C. §§ 841 and 846. Counts III through VII charged the defendant with assaulting, resisting, or impeding certain customs officers in violation of 18 U.S.C. § 111.

The defendant was arraigned on May 2, 1972 at which time the magistrate announced his trial date was scheduled for May 22, 1972. His attorney at that time, William Stiles, testified that he had numerous discussions with the defendant regarding the trial date. Middleton did not contact the public defender’s office from the day he was arraigned or any time thereafter prior to the trial date. Middleton failed to appear in court when his case was called for trial on May 22, 1972. On February 1, 1973, a federal grand jury indicted the defendant for bond jumping under 18 U.S.C. § 3150.

The defendant filed a motion to dismiss on January 16,1980, alleging that the statutory prohibitions pertaining to marijuana are unconstitutional per se. Middleton also asserted that the statutory prohibitions were unconstitutional as applied to him as a member of the Ethiopian Zion Coptic Church. The trial judge denied this motion. Trial commenced on both indictments on February 11, 1981. The jury found the defendant guilty under count I; not guilty under count II of possession with the intent to distribute marijuana, but guilty of simple possession; and guilty under counts IV, V, and VI. The judge directed a verdict of not guilty on count III and the jury acquitted Middleton on count VII. The trial judge sentenced the defendant to nine months imprisonment on counts I and II to be served concurrently. He also sentenced the defendant to nine months custody on counts IV through VI to run concurrently with each other but consecutively to the sentence imposed for counts I and II. The trial judge then sentenced the defendant to a one year term of imprisonment for bond jumping which was to run consecutively to the two other sentences.

In this appeal, the defendant raises four issues. First, the defendant argues that the classification of marijuana as a Schedule I controlled substance under 21 U.S.C. § 812(c)(10) (1976) is unconstitutional as an arbitrary and irrational classification. Second, Middleton asserts that he is a member of the Ethiopian Zion Coptic Church; that this is a religion within the meaning of the first amendment; and that the use of marijuana is an indispensible part of this religion. Consequently, Middleton argues that the application of the statute in this case would violate the free exercise clause of the first amendment. Third, the defendant argues that the trial court erred in refusing to instruct the jury on the defendant’s theory of self-defense since the facts reasonably supported that defense to counts III through VII. Finally, Middleton contends that the evidence presented at trial was insufficient to support his conviction for bail jumping. We disagree with all of the above contentions and affirm the defendant’s convictions on all counts.

I Classification of Marijuana as a Schedule I Controlled Substance

Federal statutes are presumptively valid unless it be shown that the statute in question bears no rational relationship to a legitimate legislative purpose. United States Railroad Retirement Board v. Fritz, 449 U.S. 166, 101 S.Ct. 453, 66 L.Ed.2d 368 (1980); Vance v. Bradley, 440 U.S. 93, 99 S.Ct. 939, 59 L.Ed.2d 171 (1979); Marshall v. United States, 414 U.S. 417, 94 S.Ct. 700, 38 L.Ed.2d 618 (1974); United States v. Carolene Products Co., 304 U.S. 144, 154, 58 S.Ct. 778, 784, 82 L.Ed. 1234 (1938) (“where the legislative judgment is drawn in question, [judicial inquiries] must be restricted to the issue whether any state of facts either known or which could reasonably be assumed affords support for it”). Recognizing this basic doctrine, Middleton nevertheless argues that this court should declare the congressional classification of marijuana as a Schedule I controlled substance[*823] unconstitutional as arbitrary and irrational. [1]

Under 21 U.S.C. § 812 (1976), Congress has established five schedules of controlled substances. Subsection (b) of this statute requires that a drug or other substance placed in Schedule I must (a) have a high potential for abuse, (b) have no “currently accepted medical use in treatment in the United States,” and (c) must lack “accepted safety for use ... under medical supervision.” Id.

At the hearing on the defendant’s motion to dismiss, the defendant presented expert testimony that marijuana does not satisfy any of the Schedule I requirements. For example, Middleton called Dr. Thomas Ungerleider, an associate professor of psychiatry at UCLA, who testified that his research had led him to conclude that marijuana does not satisfy any of the three Schedule I requirements. In an effort to further support his position, Middleton called other witnesses including Robert Randall, a glaucoma sufferer, who testified that he was using marijuana to treat his loss of vision. Based on this evidence, the defendant argues that this court should substitute its judgment for that of Congress and reclassify marijuana.

This evidence, however, is not sufficient to convince this court that it should interfere with the broad judicially-recognized prerogative of Congress. In rejecting a similar argument urging the judicial reclassification of cocaine, the Court of Appeals for the Ninth Circuit recognized that a court must limit its inquiry to whether a legislative classification or a refusal to reclassify is irrational or unreasonable. United States v. Alexander, 673 F.2d 287 (9th Cir. 1982). In Marshall v. United States, 414 U.S. 417, 94 S.Ct. 700, 38 L.Ed.2d 618 (1974) the Supreme Court stated that “legislative classifications need not be perfect or ideal,” 414 U.S. at 428, 94 S.Ct. at 707, and that “[wjhen Congress undertakes to act in areas fraught with medical and scientific uncertainties, legislative options must be especially broad and courts should be cautious not to rewrite legislation, even assuming, arguendo, that judges with more direct exposure to the problem might make wiser choices.” Id. at 427, 94 S.Ct. at 706.

In enacting the Drug Abuse Prevention and Control Act of 1970, Congress explicitly recognized:

The extent to which marihuana should be controlled is a subject upon which opinions diverge widely. There are some who not only advocate its legalization but would encourage its use; at the other extreme there are some States which have established the death penalty for distribution of marihuana' to .minors.

H.R.Rep.No.91-1444, 91st Cong., 2d Sess., 12, reprinted in 1970 U.S.Code Cong. and Ad.News 4566, 4577. In this case, Middleton has failed to produce any evidence that the congressional classification is unreasonable or irrational. The determination of whether new evidence regarding either the medical use of marijuana or the drug’s potential for abuse should result in a reclassification of marijuana is a matter for legislative or administrative, not judicial, judgment. See United States v. Kiffer, 477 F.2d 349 (2d Cir.), cert. denied, 414 U.S. 831, 94 S.Ct. 62, 38 L.Ed.2d 65 (1973); United States v. LaFroscia, 354 F.Supp. 1338 (S.D.N.Y.), aff’d, 485 F.2d 457 (2d Cir. 1973).

The Act contains a mechanism by which evidence such as that on which the defendant relies may be presented to the attorney general in order to determine whether a particular drug should be reclassified. See 21 U.S.C. § 811 (1976). Faced with the issue of whether to compel reclassification, courts have approved of this mechanism as a means of properly evaluating any new evidence. See United States v. Alexander, 673 F.2d 287 (9th Cir. 1982); United States v. Erwin, 602 F.2d 1183 (5th Cir. 1979), cert. denied, 444 U.S. 1071, 100 S.Ct. 1014, 62[*824] L.Ed.2d 752 (1980); National Organization for the Reform of Marijuana Laws v. Drug Enforcement Agency, 182 D.C.App. 114, 559 F.2d 735, 737-38 (1977) (“Recognizing that the results of continuing research might cast doubts on the wisdom of initial classification assignments, Congress created a procedure by which changes in scheduling could be effected.”); United States v. Pastor, 557 F.2d 930, 941 (2d Cir. 1977) (“the necessity for speedy, detailed and expert agency action in the area of drug technology cannot be disputed”).

The record does not demonstrate that the present classification of marijuana is either arbitrary or irrational. Consequently, any reclassification of marijuana is a matter for legislative or administrative determination.

II Free Exercise Clause

Middleton also asserts that the federal statutes prohibiting the importation and possession of marijuana, as applied in this case, violate the free exercise clause of the first amendment of the United States Constitution. In support of this assertion, Middleton argues that he is a dedicated member of the Ethiopian Zion Coptic Church, that this church is a religion within the meaning of the first amendment, and that the use of marijuana is an essential part of his religious practice. In order to succeed, the defendant must prove both that the Ethiopian Zion Coptic Church is a religion within the meaning of the first amendment and that the statutes in question do not serve a compelling governmental interest.

The defendant argues that the strict daily regimen of the Coptic community in Jamaica and its focus on prayer services in which marijuana is an essential element conclusively demonstrate that the Ethiopian Zion Coptic Church is a religion within the protections of the first amendment. Assuming without deciding that the Ethiopian Zion Coptic Church is a religion within the amendment’s protections, [2] we hold that any interest of the defendant protected by the free exercise clause is outweighed by the compelling governmental interest in regulating and controlling the use of marijuana and its distribution in the United States. The free exercise clause “embraces two concepts, — freedom to believe and freedom to act. The first is absolute but, in the nature of things, the second cannot be. Conduct remains subject to regulation for the protection of society.” Cantwell v. Connecticut, 310 U.S. 296, 303-04, 60 S.Ct. 900, 903, 84 L.Ed. 1213 (1940). The Supreme Court has emphasized on numerous occasions that actions and practices are not absolutely protected from governmental regulation merely because the actor classifies these actions as “religious.” See, e.g., United States v. Lee, 455 U.S. 252, 102 S.Ct. 1051, 71 L.Ed.2d 127 (1982) (social security taxes may be constitutionally imposed on persons who object on religious grounds to the payment of taxes to support public insurance funds); Davis v. Beason, 133 U.S. 333, 10 S.Ct. 299, 33 L.Ed. 637 (1890); Reynolds v. United States, 98 U.S. 145, 25 L.Ed. 244 (1878).

In Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972), the Supreme Court reversed the conviction of an Amish farmer who had been convicted of violating Wisconsin’s compulsory school attendance law. The Court recognized the interest of the state regarding basic education, but held that the state interest is “not totally free from a balancing process when it impinges on fundamental rights and interests, such as those specifically protected by the free exercise clause of the first amendment . .. . ” Id. at 214, 92 S.Ct. at 1532. “The essence of all that has been said and written on the subject is that only those interests of the highest order and those not otherwise served can overbalance[*825] legitimate claims to the free exercise of religion.” Id. 215, 92 S.Ct. at 1533. The Court examined the Amish’s interest in maintaining its community structure and the state’s interests in preparing citizens for effective and intelligent participation in the political system and in preparing self-reliant and self-sufficient participants in society. The Court then concluded that the state interests would not be sufficiently advanced by requiring Amish school children, who were enrolled until the completion of a basic education, to attend school for an additional two years. Id. at 222, 92 S.Ct. at 1536. [3]

Middleton urges that the court analogize between the structure of the Amish and Coptic communities and that Yoder therefore should control our disposition of the case at bar. However, even if we assume that such an analogy is proper (a contention upon which the court expresses no opinion), we find a difference in the nature of the governmental interests involved in the two cases. Unlike the state interest advanced in Yoder, the interest advanced by the government in the case at bar is compelling and would be substantially harmed by a decision allowing members of the Ethiopian Zion Coptic Church to possess marijuana freely. Congress has strongly and clearly expressed its intent to protect the public from the obvious danger of drugs and drug traffic. See 21 U.S.C. § 801(2) (1976). Unquestionably, Congress can constitutionally control the use of drugs that it determines to be dangerous, even if. those drugs are to be used for religious purposes. United States v. Hudson, 431 F.2d 468, 469 (5th Cir. 1970), cert. denied, 400 U.S. 1011, 91 S.Ct. 575, 27 L.Ed.2d 624 (1971) (“the use of drugs as part of religious practice is not constitutionally privileged”); Native American Church of New York v. United States, 468 F.Supp. 1247 (S.D.N.Y.1979), aff’d, 633 F.2d 205 (2d Cir. 1980); Randall v. Wyrick, 441 F.Supp. 312 (W.D.Mo.1977); United States v. Kuch, 288 F.Supp. 439 (D.D.C.1968).

Extended to its logical conclusion, appellant’s argument would protect all drugs, not just marijuana, if any religious group chose to use them as a religious sacrament. As this court noted in Leary v. United States, 383 F.2d 851 (5th Cir. 1967), rev’d. on other grounds, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969), both the fact of legislation and the severity of the penalties provided in statutes such as the one in question clearly evidence “the grave concern of Congress” in controlling the use of drugs. Id. at 859. Moreover, the harm of the particular drug in question is not relevant in determining the degree of protection afforded by the free exercise clause to the defendant’s actions.

Congress had demonstrated beyond doubt that it believes that marihuana is an evil in American society and a serious threat to its people. It would be difficult to imagine the harm which would result if the criminal statutes against marihuana were nullified as to those who claim the right to possess and traffic in this drug for religious purposes. For all practical purposes the anti-marihuana laws would be meaningless, and enforcement impossible. The danger is too great, especially to the youth of the nation . . . for this court to yield to the argument that the use of marihuana for so-called religious purposes should be permitted under the Free Exercise Clause. We will not, therefore, subscribe to the dangerous doctrine that the free exercise of religion accords an unlimited freedom to violate the laws of the land relative to marihuana.

Id. at 860-61. We cannot agree that the free exercise clause embodies the type of protection urged by the defendant in view of the clearly articulated and compelling[*826] governmental interests in regulating the possession and distribution of drugs.

In support of his argument, Middleton analogizes to various state court decisions which have held that the use of peyote by the Native American Church is constitutionally protected. This Court, however, remains bound by the Leary precedent and is not bound by these state court decisions.

In view of all of these factors, this court cannot agree with the defendant’s argument that his possession of marijuana is constitutionally protected under the first amendment.

Ill Trial Court’s Failure to Charge the Jury Regarding Defendant’s Defense of Self-Defense

Middleton also argues that the trial court erred in refusing to instruct the jury on the defendant’s theory of self-defense since the facts reasonably support such a defense against the charges that the defendant willfully resisted the customs officers. So long as there is some evidence relevant to the issue or the defense asserted, a trial court must instruct a jury regarding this issue and cannot determine the existence of such a defense as a matter of law. United States v. Garcia, 452 F.2d 419 (5th Cir. 1971); Tatum v. United States, 88 U.S.App.D.C. 386, 190 F.2d 612 (1951). As this court stated in Strauss v. United States, 376 F.2d 416 (5th Cir. 1967):

‘. . . [T]he defendant in a criminal case is entitled to have presented instructions relating to a theory of defense for which there is any foundation in the evidence.’ Perez v. United States, (5th Cir. 1961), 297 F.2d 12, 13-14 [emphasis added]. We find no requirement that a requested charge encompass, in the trial judge’s eyes, a believable or sensible defense. The judge is the law-giver. He decides whether the facts constituting the defense framed by the proposed charge, if believed by the jury, are legally sufficient to render the accused innocent.... The judge must, therefore, be cautious and unparsimonious in presenting to the jury all of the possible defenses which the jury may choose to believe. We hold that where the defendant’s proposed charge presents, when properly framed, a valid defense, and where there has been some evidence relevant to that defense adduced at trial, then the trial judge may not refuse to charge on that defense.

Id. at 419.

The facts of this case, however, do not support the defendant’s contention that he was entitled to a charge on the theory of self-defense. Generally, self-defense is a defense which justifies the use of a reasonable amount of force against an adversary when a person reasonably believes that he is in immediate danger of unlawful bodily harm from his adversary and that the use of such force is necessary to avoid this danger. Lafave and Scott, Handbook on Criminal Law, 391 (1972). The record does not contain any evidence which would give rise to a reasonable expectation that Middleton was in immediate danger of unlawful bodily harm. The government’s witnesses testified that the defendant ran from the customs enclosure and when apprehended continually fought off the officers. The defendant himself never testified to having been struck, kicked or assaulted; he did, however, testify that he had run from the customs enclosure and that he was aware that he was being detained by law enforcement officers. We do not see how any force used by the apprehending officers under these circumstances could have given rise to a reasonable apprehension that such force was unlawful. Consequently, we hold that the trial court was correct in refusing to instruct the jury as to the defendant’s theory of self-defense.

IV Sufficiency of Evidence Regarding Conviction For Bail Jumping

Middleton also argues that the evidence presented at trial was legally insufficient to support his conviction for bail jumping in violation of 18 U.S.C. § 3150. He bases this contention on the statutory requirement that the government prove beyond a reasonable doubt that he had “willfully” failed to appear. Appellant’s brief at 51. In reviewing the jury verdict of guilty,[*827] we cannot try the case de novo but are limited to determining whether sufficient evidence supports the verdict. United States v. Wayman, 510 F.2d 1020 (5th Cir.), cert. denied sub nom. Moore v. United States, 423 U.S. 846, 96 S.Ct. 84, 46 L.Ed.2d 67 (1975). In examining the evidence, we must view it in the light most favorable to the government and make all reasonable inferences and credibility choices as will support the jury’s verdict of guilty. Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1942); United States v. Squella-Avendano, 478 F.2d 433 (5th Cir. 1973). In other words,'we must sustain.the verdict unless we find that a reasonably minded jury must necessarily entertain a reasonable doubt as to the defendant’s guilt under the evidence. United States v. Oca nas, 628 F.2d 353 (5th Cir. 1980), cert. denied, 451 U.S. 984, 101 S.Ct. 2316, 68 L.Ed.2d 840 (1981).

In the ease at bar, William Stiles, the defendant’s attorney at the arraignment, testified that the magistrate announced the trial date at the arraignment and that the defendant was present. Stilfes pointed out to the jury where the defendant was standing in relation to the judge when the date was announced. He also testified that he had numerous conversations with the defendant based upon the set trial date. Based on this evidence we cannot agree with the defendant’s contention that a reasonably minded jury must necessarily entertain a reasonable doubt as to the defendant’s guilt.

In view of our disposition of the issues discussed, the defendant’s convictions are

AFFIRMED.

1

. Congress initially placed marijuana in Schedule I. Congress created the administrative procedure discussed at pages 823-24 infra by which changes in scheduling can be effected. National Organization for the Reform of Marijuana Laws v. Drug Enforcement Agency, 182 D.C.App. 114, 559 F.2d 735, 737-38 (1977).

2

. Although we express no view as to whether the Ethiopian Zion Coptic Church is a religion for purposes of first amendment analysis, we note that other courts have held that any belief that is “arguably religious” is generally accorded protection, provided that the adherent is sincere in his belief and acts upon this belief in good faith. Compare International Soc’y for Krishna Consciousness, Inc. v. Barber, 650 F.2d 430 (2d Cir. 1981) with United States v. Kuch, 288 F.Supp. 439 (D.D.C.1968).

3

. [T]he value of all education must be assessed in terms of its capacity to prepare the child for life. It is one thing to say that compulsory education for a year or two beyond the eighth grade may be necessary when its goal is the preparation of the child for life in modern society as the majority live, but it is quite another if the goal of education be viewed as the preparation of the child for life in the separated agrarian community that is the keystone of the Amish faith.

Id.