Samuseva

MEMORANDUM *

Eseta Samuseva pleaded guilty in district court to possession with intent to distribute cocaine base within 1000 feet of a playground, in violation of 21 U.S.C. §§ 841 (b)(1)(C) and 860(b). On appeal, Samuseva argues that the district court lacked subject matter jurisdiction with regard to § 860(b) because there was insufficient evidence that Aala Park was a “playground” within the meaning of § 860.

The subject matter jurisdiction argument is meritless. Whether the government presented sufficient evidence that Aala Park was a “playground” within the meaning of the statute has nothing to do with subject matter jurisdiction. Further, this case was decided on a guilty plea, so the defendant waived the requirement that the government prove its factual case.

Samuseva could have cast a somewhat similar argument under Federal Rule of Criminal Procedure 11(b)(3), arguing that the guilty plea should not have been accepted because the district court had an inadequate factual basis for concluding that Aala Park was a “playground” meeting the statutory criteria. Even if we were to exercise our discretion to reach the Rule 11 issue because it was discussed in the government’s…

concurring.

I concur in the result.