United States Second Circuit

Sentence of seventeen and twenty-seven months imprisonment for conspiring to distribute and possess with intent to distribute marijuana, and possession with intent to distribute marijuana within one thousand feet of a public elementary school is affirmed where: 1) section 860(a) applies to a defendant who possesses a controlled substance within one thousand feet of a public school with the intent to distribute that controlled substance regardless of whether the defendant specifically intended that the distribution be within a one-thousand-foot radius of a school; 2) schoolyard statute in its present form remains a strict liability offense for which a defendant may be convicted regardless of his knowledge of the proximity of a school; and 3) the district court properly instructed the jury in this case.

Appellate Information

• Decided 09/25/2008
• Published 09/25/2008

Judges

Court

• United States Second Circuit

Counsel