United States v. Warren Eugene Wake

BARKSDALE, Circuit Judge.

Warren Eugene Wake appeals his conviction, including for possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). The principal issue is the application of the “schoolyard statute”, 21 U.S.C. § 845a, which enhances the penalty, found in § 841(b), for, inter alia, possession with intent to distribute within 1,000 feet of a school. 1 Wake contests the jury being allowed to find it applicable, without being required to concomitantly find that he distributed within that 1,000-foot zone. At issue is whether the statute is applicable if, within…