United States v. Jerry Thornton, United States of America v. Frederick Jones, AKA Freddy Earl Jones

Freddie Earl Jones appeals from his conviction for distributing a controlled substance within 1,000 feet of an elementary school in violation of 21 U.S.C. §§ 841 (a)(1) and 845a. Jerry Thornton appeals from his conviction for aiding and abetting that distribution in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841 (a)(1) and 845a. Jones and Thornton claim the district court erred in denying their motion to dismiss the indictment on the grounds that 21 U.S.C. § 845a violates their constitutional rights to equal protection and due process, and constitutes an impermissible exercise of federal legislative authority. We review these constitutional issues de novo, see United States v. Savinovich, 845 F.2d 834, 839 (9th Cir.), cert. denied, — U.S. -, 109 S.Ct. 369 , 102 L.Ed.2d 358 (1988), and we affirm.

DISCUSSION

Section 841(a)(1) makes it unlawful to distribute a controlled substance, and section 845a imposes an enhanced penalty if that distribution occurs within 1,000 feet of any school, college, or university. The indictment and convictions in this case arose from Jones’ sale of a PCP-dipped cigarette to two undercover police officers at his residence located approximately 520 feet…