United States v. Anthony W. Pitts

Anthony Pitts makes a number of arguments challenging the constitutionality of the statute that enhances criminal penali ties for selling drugs within 1,000 feet of a school. We find the statute constitutional.

BACKGROUND

Pitts sold .5 grams of cocaine to a government informant. After he was indicted for possession with intent to distribute within 1,000 feet of a school in violation of 21 U.S.C. § 845a(a), he moved to dismiss the charge, contending that the statute violated the Equal Protection and Due Process Clauses of the Constitution. The district court denied the motion and Pitts pleaded guilty conditionally.

Section 845a(a) enhances the penalty for knowingly and intentionally distributing a controlled substance within 1,000 feet of a school. It states in relevant part:

I. EQUAL PROTECTION

“The Equal Protection Clause provides a basis for challenging legislative classifications that treat one group of persons as inferior or superior to others, and for contending that general rules are being applied in an arbitrary or discriminatory way.” Jones v. Helms, 452 U.S. 412, 423-24 , 101 S.Ct. 2434, 2442 , 69 L.Ed.2d 118 (1981). A statute is subject to the heightened scrutiny of…