United States v. Anthony Maurice McDonald

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Of the three issues presented in this appeal, the most serious concerns 21 U.S.C. § 860(a), a provision enhancing the maximum punishment for certain drug offenses committed within 1000 feet of a school, including the offense of possession with intent to distribute. The issue, left open in United States v. Rogers, 918 F.2d 207, 213-14 (D.C.Cir.1990), is whether § 860(a) requires the prosecution to prove not only possession of the drugs within the school, zone, but also intent to distribute them there. The district…