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U.S. v. ASHLEY

No. 93-1231.

26 F.3d 1008 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Sean ASHLEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 8, 1994.

Attorney(s) appearing for the Case

Charlotte J. Mapes, Asst. U.S. Atty. (Henry L. Solano, U.S. Atty., John M. Hutchins, Asst. U.S. Atty., and Daniel J. Cassidy, Asst. U.S. Atty., Dist. of Colo., with her on the brief), Mountain States Drug Task Force, Denver, CO, for plaintiff-appellee.

Clifford J. Barnard, Boulder, CO, for defendant-appellant.

Before BRORBY, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and BROWN, Senior District Judge.

McWILLIAMS, Senior Circuit Judge.

This appeal concerns the relationship between 21 U.S.C. § 841(a)(1) (1988) and 21 U.S.C. § 860(a) (Supp. IV 1992). Section 841(a)(1) provides that it shall be unlawful for any person to knowingly and intentionally distribute a controlled substance. Section 860(a) provides that any person who violates section 841(a)(1) by distributing a controlled substance within 1,000 feet of, inter alia, a public school, is subject...

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