· 10/30/1985
United States v. Ramon Falu
Citations
- 776 F.2d 46
- 1985 U.S. App. LEXIS 24566
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “This construction of [section 860(a) ] does not criminalize otherwise innocent activity, since the statute incorporates section 841(a)(1), which already contains a mens rea requirement....”
- schoolyard statute makes no exception to the general rule that aiders and abettors are punishable as principals
- Federal Schoolyard statute will not be read to require proof of knowledge of proximity to a school for a conviction under the statute
- Federal School yard statute will not be read to require proof of knowledge of proximity to a school for a conviction under the statute
- “[Section 860(a)] contains no express mens rea requirement for the distance element of the offense.”
- “This construction of [section 860(a)] does not criminalize otherwise innocent activity, since the statute incorporates section 841(a)(1), which already contains a mens rea requirement . . ..”
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Kearse, Cardamone
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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