United States DC Circuit

Conviction for violating 21 U.S.C. section 860(a), which enhances a sentence for drug offenses occurring within 1000 feet of a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, is vacated where the government concedes did not present evidence to show that the school near the intersection where the police arrested defendant was of a type covered by section 860(a).

Appellate Information

• Decided 10/05/2007
• Published 10/05/2007

Judges

• RANDOLPH, Circuit Judge:, Before:  HENDERSON, RANDOLPH and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Neil H. Jaffee, Assistant Federal Public Defender, argued the cause for appellant.   With him on the briefs was A.J. Kramer, Federal Public Defender.


• For Appellees:
  
• Patricia A. Heffernan, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese, III, Thomas J. Tourish, Jr., and Patricia Z. Stewart, Assistant U.S. Attorneys.