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UNITED STATES v. AGILAR

No. 467, Docket 85-1257.

779 F.2d 123 (1985)

UNITED STATES of America, Appellee, v. Anthony AGILAR, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 11, 1985.

Attorney(s) appearing for the Case

Louis R. Aidala, New York City, for defendant-appellant.

Peter M. Lieb, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., Kenneth Roth, Asst. U.S. Atty., New York City, on brief), for appellee.

Before VAN GRAAFEILAND, NEWMAN, and MINER, Circuit Judges.

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...

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