United States v. West

I agree with the majority that the record contains sufficient evidence to support the jury’s conclusion that Holcom Park contained “three or more separate appara*1202tus intended for the recreation of children.” 21 U.S.C. § 860(e)(1). I further agree that a baseball backstop qualifies as “apparatus intended for the recreation of children” under that statute. (See Majority Op. 1201.) I decline to join the majority opinion, however, because I see no need to hold that the principle of ejusdem generis does not apply to the statute at issue. As I see it, “apparatus intended for the recreation of…