U.S. v. MIGI

No. 01-10254.

329 F.3d 1085 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Iupeli MIGI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2003.

Attorney(s) appearing for the Case

Georgia K. McMillen, Law Office of Georgia K. McMillen, Wailuku Maui, HI, for the defendant-appellant.

Edward Kubo, Jr., United States Attorney, Craig H. Nakamura, Assistant United States Attorney, District of Hawaii, Honolulu, HI, for the plaintiff-appellee.

Before: LEAVY, RYMER and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

Iupeli Migi appeals his conviction on six counts of possessing and/or distributing drugs within 1000 feet of a "playground" and his sentence.1 We affirm the district court and hold that basketball courts, softball fields, and skating rinks are "apparatus intended for the recreation of children" under 21 U.S.C. § 860(e)(1). Thus, the area in which Migi sold drugs was a "playground," and the district court...

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