United States DC Circuit

Government must prove beyond a reasonable doubt the character of the school near which defendant sold drugs in violation of 18 USC 860(a), and failure to do so can result in vacateur and remand for conviction under a lesser included offense.

Appellate Information

• Argued 01/22/2001
• Decided 02/27/2001
• Published 02/27/2001

Judges

• Before:  WILLIAMS, GINSBURG and SENTELLE, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Sandra G. Roland, Assistant Federal Public Defender, argued the cause for appellant.   With her on the briefs was A. J. Kramer, Federal Public Defender.  Teresa Alva, Assistant Federal Public Defender, entered an appearance.


• For Appellees:
  
• Suzanne Grealy Curt, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Wilma A. Lewis, U.S. Attorney, John R. Fisher, Thomas J. Tourish, Jr. and Adam L. Rosman, Assistant U.S. Attorneys.