Wednesday, October 10, 2007

21 U.S.C. section 860(a)

US v. Powell, No. 05-3202
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)

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