United States v. Iupeli Migi

Iupeli Migi appeals his conviction on six counts of possessing and/or distributing drugs within 1000 feet of a “playground” and his sentence. We affirm the district court and hold that basketball courts, softball fields, and skating rinks are “apparatus intended for the recreation of children” under 21 U.S.C. § 860 (e)(1). Thus, the area in which Migi sold drugs was a “playground,” and the district court properly enhanced his sentence.

I. FACTUAL AND PROCEDURAL HISTORY

During an undercover investigation, police officers caught Migi selling crack cocaine in ’A’ala Park.

The Government charged Migi with five counts of distribution and one count of possession with intent to distribute a controlled substance under 21 U.S.C. §§ 841 (a)(1) and 860(a). During Migi’s trial, an officer involved in the investigation testified that ’A’ala Park contained a swingset, a basketball court, a softball field, and a skating rink.

At the conclusion of the Government’s case, Migi moved for judgment of acquittal. He argued that a jury could not find beyond a reasonable doubt that the park was a “playground” within the meaning of § 860(e)(1). A “playground” is “any outdoor facility (including any…