United States v. Eddie Vincent Walker

Eddie Vincent Walker appeals his conviction and 248-month sentence under the United States Sentencing Guidelines, following a jury trial, for possession with intent to distribute cocaine within 1,000 feet of a secondary school in violation of 21 U.S.C. §§ 841 (a)(1) and 860, and carrying a firearm during the commission of a drug trafficking crime in violation of 18 U.S.C. § 924 (c). Walker’s most serious challenge is to the increase of his offense level under U.S.S.G. section 2D1.2 for drug trafficking within 1,000 feet of a secondary school. He contends that the enhancement should apply only if the offense directly involved the school or its students and not to possession of drugs inside a house near a school. We discuss this -and Walker’s other challenges which include the admissibility of a notebook and the sufficiency of the evidence. We affirm on all grounds.

I. BACKGROUND

On October 4, 1991, agents executed a federal search warrant for an apartment in Compton, California. The apartment is located less than 150 feet from Compton High School. An agent yelled “police "with a search warrant. Open the door.” No one responded. The agents then made a forced entry into the…