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UNITED STATES v. OFARRIL

Nos. 130, 161, Dockets 85-1168, 85-1195.

779 F.2d 791 (1985)

UNITED STATES of America, Appellee, v. Nector OFARRIL and Louis Rosa, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

November 6, 1985.

Attorney(s) appearing for the Case

Vivian Shevitz, New York City (Carl Bernstein and Robert J. Boyle, of counsel), for defendant-appellant Ofarril.

Gerald T. McMahon, New York City (Dean E. Manis, of counsel), for defendant-appellant Rosa.

Franklin H. Stone, Asst. U.S. Atty., for the S.D. of N.Y. (Rudolph W. Giuliani, U.S. Atty. for the S.D. of N.Y., Warren Neil Eggleston, Asst. U.S. Atty., of counsel), for appellee.

Before KAUFMAN, MESKILL, and WINTER, Circuit Judges.

PER CURIAM.

We reject Ofarril's and Rosa's contention that the government should have been required to prove appellants knew they were within 1000 feet of a public school. 21 U.S.C. § 845a sets forth only two preconditions for enhanced criminal liability. First, a defendant must violate 21 U.S.C. § 841(a)(1) by knowingly "distributing a controlled substance," and second, he must do so "in or on, or within one thousand feet of, the real property comprising...

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