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U.S. v. BAUCUM

No. 94-3040.

66 F.3d 362 (1995)

UNITED STATES of America, Appellee, v. Patrick BAUCUM, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 6, 1995.

Attorney(s) appearing for the Case

Thomas G. Corcoran, Jr., appointed by the Court, Washington, DC, argued the cause and filed the briefs for appellant.

Molly A. Meegan, Assistant United States Attorney, argued the cause for appellee, with whom Eric H. Holder, Jr., United States Attorney, John R. Fisher and Steven J. McCool, Assistant United States Attorneys, Washington, DC, were on the brief.

Roy W. McLeese, III, Assistant United States Attorney, Washington, DC, entered an appearance.

Before WALD, SILBERMAN and ROGERS, Circuit Judges.

PER CURIAM:

In 1993, appellant Patrick Baucum was convicted under 21 U.S.C. § 860(a), known as the "schoolyard statute," for distributing cocaine within 1,000 feet of a school. On appeal, Baucum argues that the Supreme Court's rationale in United States v. Lopez, ___ U.S. ___, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), decided after Baucum's trial, exposes the schoolyard statute as an unconstitutional exercise of...

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