We reject Ofarril’s and Rosa’s contention that the government should have been required to prove appellants knew they were within 1000 feet of a public school. 21 U.S.C. § 845a sets forth only two preconditions for enhanced criminal liability. First, a defendant must violate 21 U.S.C. § 841(a)(1) by knowingly “distributing a controlled substance,” and second, he must do so “in or on, or within one thousand feet of, the real property comprising a public ... school.” To construe the statute as appellants suggest would distort the statutory language and frustrate Congress’s unambiguous desire to impose stringent penalties on those who distribute narcotics within 1000 feet of schools.
United States v. Falu,
Ofarril and Rosa also argue that the statutory distance should be measured by pedestrian route rather than by straight line. Such a tortuous reading would violate the plain meaning of the statute. Moreover, it would generate needless and time-consuming debate, and ultimately hamper the statute’s enforcement.
See United States v. Matteo,
Appellants claim Judge Metzner erred by admitting the “impermissibly suggestive” identification testimony of Officer Abromaitis. The district court, however, clearly acted within its discretion by denying the motion for a suppression hearing.
United States v. Archibald,
Ofarril and Rosa have not demonstrated that the district judge abused his discretion by limiting Officer Abromaitis’s cross-examination. Judge Metzner properly curtailed confusing and repetitive questions.
United States v. Toner,
We have considered Ofarril’s and Rosa’s other claims and find them to be without merit. Accordingly, the judgment of the district court is affirmed.
