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U.S. v. Haywood, No. 01-4086 (3rd Cir.) (363 F.3d 200) (April 8, 2004) (Judge Theodore A. McKee)

Article • March 1, 2004 • from P&J March, 2004

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Haywood, No. 01-4086 (3rd Cir.) (363 F.3d 200) (April 8, 2004) (Judge Theodore A. McKee) by Stating that, based on the trial record, “only rank conjecture supports a conclusion that [the defendant] knew or should have known” that the bar he robbed was within 1,000 feet of a …

U.S. v. Migi, No. 01-10254 (9th Cir.) (329 F.3d 1065) (May 27, 2003) (Judge Thomas G. Nelson)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Migi, No. 01-10254 (9th Cir.) (329 F.3d 1065) (May 27, 2003) (Judge Thomas G. Nelson) by Here the Court adopted a sweeping and expansive definition of the term “playground” as used in the schoolyard drug laws, by holding that those provisions apply whenever one sells drugs near recreational …

U.S. v. Edmonds, No. 00-3039 (D.C. Cir.) (240 F.3d 55) (February 27, 2001) (Judge David B. Sentelle)

Article • March 1, 2001 • from P&J March, 2001

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Edmonds, No. 00-3039 (D.C. Cir.) (240 F.3d 55) (February 27, 2001) (Judge David B. Sentelle) by In this case, one of the arguments made by the defendant was that the Government had failed to introduce any evidence at trial that the school near which he committed a drug …

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann) by Here the Court joined with the vast majority of Circuits in holding that, for double jeopardy purposes, a defendant cannot be convicted under both 21 U.S.C. § 841(a) and 21 U.S.C. § …

Watterson v. U.S., No. 98-1596 (3rd Cir.) (219 F.3d 232) (July 10, 2000) (Judge Maryanne Trump Barry)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

Watterson v. U.S., No. 98-1596 (3rd Cir.) (219 F.3d 232) (July 10, 2000) (Judge Maryanne Trump Barry) by The issue presented in this case was whether U.S.S.G. § 2D1.2, rather than § 2D1.1, is the applicable offense guideline section for a defendant who has not stipulated or pled guilty to, …

U.S. v. Anderson, No. 98-3285 (11th Cir.) (200 F.3d 1344) (January 18, 2000) (Per Curiam)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Anderson, No. 98-3285 (11th Cir.) (200 F.3d 1344) (January 18, 2000) (Per Curiam) by Here, in a case of first impression, the Court held that a defendant's conviction under the schoolyard statute (21 USC § 860) rendered him ineligible to receive a sentencing adjustment under the safety-valve provisions …

U.S. v. Crawford, No. 98-30222 (9th Cir.) (185 F.3d 1024) (August 2, 1999) (Judge M. Margaret McKeown)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Crawford, No. 98-30222 (9th Cir.) (185 F.3d 1024) (August 2, 1999) (Judge M. Margaret McKeown) by This is another case that exposes one of the traps of plea-bargaining - being sentenced for counts that are dismissed; but it is particularly noted for a somewhat technical limitation on the …

U.S. v. Saavedra, No. 96-4808 (11th Cir.) (148 F.3d 1311) (August 6, 1998) (Judge Joel F. Dubina)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Saavedra, No. 96-4808 (11th Cir.) (148 F.3d 1311) (August 6, 1998) (Judge Joel F. Dubina) by This decision explores the interesting issue of whether a sentencing court may always use "relevant conduct", as defined in Sentencing Guidelines, to enhance a defendant's sentence regardless of the charges contained in …

U.S. v. Saavedra, No. 96-4808 (11th Cir.) (148 F.3d 1311) (August 6, 1998) (Judge Joel F. Dubina)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Saavedra, No. 96-4808 (11th Cir.) (148 F.3d 1311) (August 6, 1998) (Judge Joel F. Dubina) by This decision explores the interesting issue of whether a sentencing court may always use "relevant conduct", as defined in Sentencing Guidelines, to enhance a defendant's sentence regardless of the charges contained in …

U.S. v. Ortiz, No. 97-1670 (1st Cir.) (146 F.3d 25) (June 12, 1998) (Judge Juan R. Torruella)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Ortiz, No. 97-1670 (1st Cir.) (146 F.3d 25) (June 12, 1998) (Judge Juan R. Torruella) by Joining decisions from the 3rd, 5th and D.C. Circuits, the Court held that the enhanced penalties of § 860(a) apply to a defendant who possessed drugs in a schoolyard zone, even if …

U.S. v. Chandler, No. 96-20727 (5th Cir.) (125 F.3d 892) (October 10, 1997) (Judge Fortunato P. Benavides)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Chandler, No. 96-20727 (5th Cir.) (125 F.3d 892) (October 10, 1997) (Judge Fortunato P. Benavides) by In this case the Fifth Circuit joined in similar rulings from the Fourth Circuit (U.S. v. Locklear, 24 F.3d 641 (4th Cir. 1994)) and subsequent decisions from the Eleventh Circuit (U.S. v. …

U.S. v. Allen, No. 95-5251 (6th Cir.) (106 F.3d 695) (February 10, 1997) (Judge Kathleen M. O'Malley)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Allen, No. 95-5251 (6th Cir.) (106 F.3d 695) (February 10, 1997) (Judge Kathleen M. O'Malley) by One of the issues raised in this case was the constitutional validity of the so-called "Schoolyard Statute" (21 U.S.C. § 860(a)) which provides that if a defendant is convicted of committing a …

U.S. v. Hawkins, No. 95-3185 (D.C. Cir.) (104 F.3d 437) (January 14, 1997) (Judge Douglas Ginsburg)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Hawkins, No. 95-3185 (D.C. Cir.) (104 F.3d 437) (January 14, 1997) (Judge Douglas Ginsburg) by Court refused to rule that Drug Free Schoolyard Zones Act violated the Commerce Clause. In this case, the defendant challenged the constitutionality of his conviction under the Drug Free School- Zones Act (21 …

U.S. v. McQuilkin, No. 95-1127 (3rd Cir.) (78 F.3d 105) (March 11, 1996) (Judge Anthony J. Scirica)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. McQuilkin, No. 95-1127 (3rd Cir.) (78 F.3d 105) (March 11, 1996) (Judge Anthony J. Scirica) by In this case, the Court holds that defendants convicted of violating the "schoolyard" statute (21 U.S.C. § 860) are not entitled to relief from the applicable mandatory minimum sentence under the "safety …

U.S. v. Applewhite, No. 94-3028 (D.C. Cir.) (72 F.3d 140) (December 19, 1995) (Judge Douglas Ginsburg)

Article • February 1, 1996 • from P&J February, 1996

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Applewhite, No. 94-3028 (D.C. Cir.) (72 F.3d 140) (December 19, 1995) (Judge Douglas Ginsburg) by Here the Court held that the Government failed to provide sufficient evidence that the defendant had distributed drugs within a school zone, when its evidence was only that the distance between his "address" …

U.S. v. Ornelas, No. 93-CR-317 (D.Colo.) (841 F.3d 1087) (January 12, 1994) (Judge James R. Carrigan)

Article • January 1, 1994

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Ornelas, No. 93-CR-317 (D.Colo.) (841 F.3d 1087) (January 12, 1994) (Judge James R. Carrigan) by Judge Carrigan wrote: "The current race to federalize state crimes epitomizes the very tendency most feared by those who wrote and ratified the Constitution: a strong central government relegating to itself all power. …