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U.S. v. McDONALD

No. 92-3047.

991 F.2d 866 (1993)

UNITED STATES of America, v. Anthony Maurice McDONALD, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 30, 1993.

Attorney(s) appearing for the Case

Vincent A. Jankoski, Washington, DC, argued the cause and filed the briefs for appellant.

Steven N. Berk, Asst. U.S. Atty., Washington, DC, argued the cause for appellee. With him on the brief were Jay B. Stephens, U.S. Atty. at the time the brief was filed, John R. Fisher and Kirby D. Behre, Asst. U.S. Attys., Washington, DC.

Before: RUTH BADER GINSBURG, STEPHEN F. WILLIAMS, and RANDOLPH, Circuit Judges.

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...

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