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U.S. v. OROZCO

No. 95-1572.

98 F.3d 105 (1996)

UNITED STATES of America v. Zulmes OROZCO, Appellant.

United States Court of Appeals, Third Circuit.

October 18, 1996.

Attorney(s) appearing for the Case

Wendy A. Kelly, Assistant U.S. Attorney, Office of the United States Attorney, Philadelphia, PA, for Appellee.

Mark R. Lippman, La Jolla, CA, for Appellant.

Before: GREENBERG and NYGAARD, Circuit Judges and LAY, Senior Circuit Judge.

OPINION OF THE COURT

NYGAARD, Circuit Judge:

Defendant-appellant, Zulmes Orozco challenges the constitutionality of the Drug-Free School Zones Act, 21 U.S.C. § 845(a). Orozco was convicted of distributing 1080 grams of cocaine within one thousand feet of a school. He argues on appeal that Congress exceeded its authority under the Commerce Clause by enacting the Drug-Free School Zones Act.

I.

Appellant sold approximately 1080 grams...

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