Legal Opinion

United States v. Roberts

District Court, S.D. New York

Decided April 6, 1990No. 89 Cr. 0892 (RWS)PublishedCited by 18 opinions

1Opinion of the Court

OPINION

SWEET, District Judge.

Defendant Jerome Roberts (“Roberts”) has moved pursuant to Rule 29(c) of the Federal Rules of Criminal Procedure for acquittal on Count II of the indictment on which he was convicted by jury on the ground that in the absence of an intent to distribute a controlled substance within 1000 feet of a school, the “schoolyard statute”, 21 U.S.C. § 845a(a) is not proven. For the reasons set forth below, the motion is granted.

Prior Proceedings

On February 1, 1990, Roberts was convicted by jury of both conspiracy to distribute cocaine and possession of cocaine with intent to…

2Cases cited21 opinions

  1. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  2. Bell v. United StatesSupreme Court of the United States · 1955
  3. Liparota v. United StatesSupreme Court of the United States · 1985
  4. Watt v. AlaskaSupreme Court of the United States · 1981
  5. United States v. Rufus HollandCourt of Appeals for the D.C. Circuit · 1987

16 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. McGeeWashington Supreme Court · 1993
  2. United States v. Michael A. HarrisCourt of Appeals for the Tenth Circuit · 2002
  3. United States v. Warren Eugene WakeCourt of Appeals for the Fifth Circuit · 1991
  4. United States v. Anthony Maurice McDonaldCourt of Appeals for the D.C. Circuit · 1993
  5. United States v. John Fitzgerald RogersCourt of Appeals for the D.C. Circuit · 1990

13 more not listed; retrieve them via the Exa API.

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