United States Tenth Circuit

21 USC 860(a), a section of the Drug Free School Zones Act that doubles the maximum penalty for drug trafficking within one thousand feet of a school, does not violate the Commerce Clause since drug trafficking is commercial activity of national concern.

Appellate Information

• Decided 08/31/2001
• Published 08/31/2001

Judges

• PAUL KELLY, JR., Circuit Judge., Before SEYMOUR, ANDERSON, and KELLY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: 


• For Appellees:
  
• Norman C. Bay, United States Attorney and Peter M. Ossorio, Assistant United States Attorney, Las Cruces, NM, for Plaintiff-Appellee., Michael G. Katz, Federal Public Defender and James P. Moran, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant.