In United States v. Falu, 776 F.2d 46, 49-50 (2d Cir. 1985), the court held that actual knowledge of proximity to a school was not required to convict a defendant of distribution within 1,000 feet of a school, under a federal enhancement penalty statute.
The court, interpreting 21 U.S.C. section 845(a), providing penalties for those convicted of drug distribution near schools, stated: "Although we are aware that some schools are not clearly recognizable as such from all points within the 1,000-foot radius, Congress evidently intended that dealers and their aiders and abettors bear the burden of ascertaining where schools are located and removing their operations from those areas or else face enhanced penalties." Falu, 776 F.2d at 50.