United States v. Anthony Agilar

JON O. NEWMAN, Circuit Judge:

Anthony Agilar appeals from a judgment of the District Court for the Southern District of New York (Robert W. Sweet, Judge) convicting him, after a bench trial, of distributing heroin within 1,000 feet of a public elementary school in violation of 21 U.S.C. §§ 812, 841(a)(1), and 841(b)(1)(B) (1982) and 21 U.S.C.A. § 845a(a) (West Supp. 1985). Appellant primarily challenges the constitutionality of section 845a, the so-called “schoolyard” provision, which increases penalties for distribution of narcotics within 1,000 feet of a public or private elementary or…