Extended Search
Generic filters
Exact matches only
Search in title
Search in content
Search in excerpt
Search in comments
Filter by Custom Post Type
Extended Search
Generic filters
Exact matches only
Search in title
Search in content
Search in excerpt
Search in comments
Filter by Custom Post Type

United States v. Falu – Case Brief Summary (Federal Court)

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.