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U.S. v. WAKE

No. 90-8388.

948 F.2d 1422 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Warren Eugene WAKE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 10, 1991.

Attorney(s) appearing for the Case

Russell Ramirez, (court-appointed), Ray N. Donley, Scott, Douglas & Luton, Austin, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before REYNALDO G. GARZA, WIENER, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge.

Warren Eugene Wake appeals his conviction, including for possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). The principal issue is the application of the "schoolyard statute", 21 U.S.C. § 845a, which enhances the penalty, found in § 841(b), for, inter alia, possession with intent to distribute within 1,000 feet of a school.1 Wake contests the jury being allowed...

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