United States v. Ramon Falu, 776 F.2d 46 (2d Cir. 1985). · Go Syfert
United States v. Ramon Falu, 776 F.2d 46 (2d Cir. 1985). Cases Citing This Book View Copy Cite
188 citation events (42 in the last 25 years) across 49 distinct courts.
Strongest positive: United States v. Anthony Jackson (ca3, 2006-04-05)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Anthony Jackson (2×) also: Cited as authority (rule)
3rd Cir. · 2006 · quote attribution · 1 verbatim quote · confidence high
this construction of section 860(a) does not criminalize otherwise innocent activity, since the statute incorporates section 841(a)(1), which already contains a mens rea requirement....
examined Cited as authority (verbatim quote) United States v. Jackson (2×)
3rd Cir. · 2006 · quote attribution · 2 verbatim quotes · confidence high
this construction of section 860(a) does not criminalize otherwise innocent activity, since the statute incorporates section 841(a)(1), which already contains a mens rea requirement . . ..
cited Cited as authority (rule) State of Maine v. David T. Brown
Me. · 2019 · signal: cf. · confidence medium
Cir. 1987); State v. Coria, 839 P.2d 890, 894-901 (Wash. 1992); cf. United States v. Falu, 776 F.2d 46, 48-50 (2d Cir. 1985) (applying principles of statutory construction).
cited Cited as authority (rule) White v. State
Tex. Crim. App. · 2017 · confidence medium
Of likewise similar import are: United States v. Falu, 776 F.2d 46, 49-50 (2d Cir. 1985); United States v. Holland, 810 F.2d 1215, 1222-24 (D.C.
discussed Cited as authority (rule) State of Tennessee v. Danny Santarone
Tenn. Crim. App. · 2015 · confidence medium
However, this Court has rejected that argument: “a requirement that the dealer know that a sale is geographically within the prohibited area would undercut [the] unambiguous legislative design [to create drug-free school zones].” Smith, 48 S.W.3d at 169 (quoting United States v. Falu, 776 F.2d 46, 50 (2nd Cir.1985)) (alteration in original).
discussed Cited as authority (rule) United States v. Felix (2×) also: Cited "see, e.g."
N.D. Cal. · 2014 · confidence medium
See United States v. Martin, 544 F.3d 456, 458-60 (2d Cir.2008) (citing United States v. Harris, 313 F.3d 1228, 1239 (10th Cir.2002); United States v. Ortiz, 146 F.3d 25, 28-30 (1st Cir.1998); United States v. Lloyd, 10 F.3d 1197, 1218 (6th Cir.1993); United States v. McDonald, 991 F.2d 866, 868-71 (D.C.Cir.1993); United States v. Rodriguez, 961 F.2d 1089, 1090-95 (3d Cir.1992); United States v. Wake, 948 F.2d 1422, 1429-34 (5th Cir.1991); United States v. Falu, 776 F.2d 46, 50 (2d Cir. 1985)).
discussed Cited as authority (rule) State v. Garcia-Gutierrez
Minn. Ct. App. · 2013 · confidence medium
These cases explain that “the burden is on dealers to find where the schools are and steer clear of them” because of Congress’s clear intent to “create a drug-free zone around schools.” U.S. v. Dimas, 3 F.3d 1015, 1022 (7th Cir.1993) (quotation omitted). “[A] requirement that the dealer know that a sale is geographically within the prohibited area would undercut this unambiguous legislative design.” U.S. v. Falu, 776 F.2d 46, 50 (2d Cir.1985).
discussed Cited as authority (rule) United States v. Martin (2×)
2d Cir. · 2008 · confidence medium
We also reaffirm this Court’s holding, in United States v. Falu, 776 F.2d 46, 50 (2d Cir.1985), that the schoolyard statute is one of strict liability such that a defendant can violate the statute’s terms without knowing that he was within one thousand feet of a school.
examined Cited as authority (rule) United States v. Douglas (3×)
2d Cir. · 2008 · confidence medium
We also reaffirm this Court’s holding, in United States v. Falu, 776 F.2d 46, 50 (2d Cir. 1985), that the “schoolyard statute” is one of strict liability such that a defendant can violate the statute’s terms without knowing that he was within one thousand feet of a school.
discussed Cited as authority (rule) United States v. Villanueva-Sotelo (2×)
D.C. Cir. · 2008 · confidence medium
The Court characterized this result as "not merely odd, but positively absurd." Id. at 69 , 115 S.Ct. 464 . [17] There is no similar danger that innocent or unwitting conduct might be penalized under section 1028A(a)(1) because a conviction can be had only if the defendant has used another person's means of identification during or in relation to one of the felony offenses enumerated in section 1028A(c). [18] Section 1028A(a)(1) functions as any "other federal law[ ] which provide[s] enhanced penalties or allow[s] conviction for obviously antisocial conduct upon proof of a fact of which defend…
discussed Cited as authority (rule) Coates v. State
Okla. Crim. App. · 2006 · confidence medium
Other federal jurisdictions have reached the same conclusion: United States v. Ortiz, 146 F.3d 25, 28-30 (1 st Cir. 1998); United States v. Falu, 776 F.2d 46, 50 (2 nd Cir. 1985); United States v. Holland, 810 F.2d 1215, 1222-1224 (D.C.Cir.1987); United States v. Rodriguez, 961 F.2d 1089, 1090-1095 (3d.
cited Cited as authority (rule) State v. Benniefield
Minn. · 2004 · confidence medium
See, e.g., United States v. Dimas, 3 F.3d 1015, 1022 (7th Cir.1993); United States v. Falu, 776 F.2d 46, 50 (2d Cir.1985); State v. Denby, 235 Conn. 477 , 668 A.2d 682, 685 (1995).
discussed Cited as authority (rule) United States v. Garcia
2d Cir. · 2002 · confidence medium
Garcia argues that the legislative purpose behind the enactment of 21 U.S.C. § 860 — which provides for enhanced sentences for drug crimes committed within 1,000 feet of certain protected locations — was to “protect school-age children from the dangers posed by the sale of narcotics and to deter drug distribution in schools.” Def.’s Br. at 48 (citing United States v. Falu, 776 F.2d 46, 50 (2d Cir.1985); United States v. Liranzo, 729 F.Supp. 1012, 1014 (S.D.N.Y.1990); United States v. Nieves, 608 F.Supp. 1147, 1149 (S.D.N.Y.1985)).
cited Cited as authority (rule) United States v. Barnes
D. Conn. · 2002 · confidence medium
This is true, regardless of whether he knew or could foresee that he was within the proscribed distance.”); United States v. Falu, 776 F.2d 46, 50 (2d Cir.1985) (same).
discussed Cited as authority (rule) Smiley v. State
Md. Ct. Spec. App. · 2001 · confidence medium
In United States v. Falu, 776 F.2d 46, 49-50 (2d Cir.1985), the court held that actual knowledge of proximity to a school was not required to convict a defendant of distribution within 1,000 feet of a school, under a federal enhancement penalty statute.
discussed Cited as authority (rule) State v. Smith
Tenn. Crim. App. · 2000 · confidence medium
Indeed, in interpreting the federal drug-free school zone statute, the United States Court of Appeals for the Second Circuit observed that “a requirement that the dealer know that a sale is geographically within the prohibited area would undercut [the] unambiguous legislative design [to create drug-free school zones].” United States v. Falu, 776 F.2d 46, 50 (2nd Cir.1985).
discussed Cited as authority (rule) State v. Semakula
Wash. Ct. App. · 1997 · confidence medium
RCW 9.41.040(2)(a); 9A.20.020(l)(b). 11 See RCW 9.41.047(1)(a). 12 See State v. Coria, 120 Wn.2d 156, 165 , 839 P.2d 890 (1992) (citing United States v. Falu, 776 F.2d 46, 49 (2d Cir. 1985)). 13 84 Wn.
discussed Cited as authority (rule) State of Tennessee v. Thomas D. Smith
Tenn. Crim. App. · 1997 · confidence medium
Indeed, in interpreting the federal drug-free school zone statute, the United States Court of Appeals for the Second Circuit observed that “a requirement that the dealer know that a sale is geographically within the prohibited area would undercut [the] unambiguous legislative design [to create drug-free school zones].” United States v. Falu, 776 F.2d 46, 50 (2nd Cir. 1985).
discussed Cited as authority (rule) Walker v. State (2×)
Ind. · 1996 · confidence medium
The Federal Schoolyard statute, 21 U.S.C.S. § 860 (Supp.1995), for instance, completely lacks an intent provision for its proximity element and thus burdens the drug dealer with ascertaining his proximity to the protected zone. 5 See United States v. Holland, 810 F.2d 1215 (D.C.Cir.1987), cert. denied, 481 U.S. 1057 , 107 S.Ct. 2199 , 95 L.Ed.2d 854 (1987) (Federal Schoolyard statute satisfies Due Process even though proof of defendant's knowledge of his proximity to a school is not required) and United States v. Falu, 776 F.2d 46, 48-50 (1985) (Federal School yard statute will not be read to…
cited Cited as authority (rule) State v. Hatton
Mo. · 1996 · confidence medium
United States v. Falu, 776 F.2d 46, 50 (2nd Cir.1985).
discussed Cited as authority (rule) United States v. Bobby Carrol Cook, United States of America v. Bobby Carrol Cook
4th Cir. · 1996 · confidence medium
Section 861(a)(3) more closely resembles other federal laws that “provide enhanced penalties or allow conviction for obviously antisocial conduct upon proof of a fact of which the defendant need not be aware.” United States v. Falu, 776 F.2d 46, 50 (2d Cir.1985) (citing United States v. Feola, 420 U.S. 671 , 95 S.Ct. 1255 , 43 L.Ed.2d 541 (1975)); see also United States v. Holland, 810 F.2d 1215, 1223-24 (D.C.Cir.) (schoolyard sentence enhancement requires proof of drug dealing but does not require proof that the defendant knew he was within 1000 feet of a school), cert. denied, 481 U.S. 1…
cited Cited as authority (rule) United States v. Hickey
E.D. Mich. · 1993 · confidence medium
Id. at 68 (quoting United States v. Falu, 776 F.2d 46, 50 (2d Cir.1985) (quoting 130 Cong.
discussed Cited as authority (rule) State v. Wheeler
Mo. Ct. App. · 1993 · confidence medium
See e.g., United States v. Haynes, 881 F.2d 586, 590 (8th Cir.1989); United States v. Holland, 810 F.2d 1215, 1223 (D.C.Cir.), cert. denied, 481 U.S. 1057 , 107 S.Ct. 2199 , 95 L.Ed.2d 854 (1987); United States v. Falu, 776 F.2d 46, 50 (2d Cir.1985).
discussed Cited as authority (rule) United States v. James E. Schnell (2×) also: Cited "see, e.g."
7th Cir. · 1992 · confidence medium
Examples include the “schoolyard statute,” 21 U.S.C. § 860 , which enhances the penalty for distribution of drugs when the sale occurs within 1000 feet of a school, regardless of the defendant’s knowledge of the proximity, see United States v. Holland, 810 F.2d 1215, 1222-24 (D.C.Cir.) (upholding same), cert. denied, 481 U.S. 1057 , 107 S.Ct. 2199 , 95 L.Ed.2d 854 (1987); United States v. Falu, 776 F.2d 46, 50 (2d Cir.1985) (same); 21 U.S.C. § 859 , which enhances the penalty for the distribution of drugs when the recipient is a minor, regardless of the defendant’s knowledge of his a…
examined Cited as authority (rule) State v. Coria (10×) also: Cited "see"
Wash. · 1992 · confidence medium
Falu , at 49.
cited Cited as authority (rule) State v. Hermann
Wis. Ct. App. · 1991 · confidence medium
United States v. Falu, 776 F.2d 46, 50 (2d Cir. 1985).
discussed Cited as authority (rule) State v. Ivory (2×)
N.J. · 1991 · confidence medium
Cir.) ("[I]t is reasonable for Congress to have expected drug traffickers to ascertain their proximity to schools and remove their operations from these areas or assume the risk for their failure to do so."), cert. denied, 481 U.S. 1057 , 107 S.Ct. 2199 , 95 L.Ed. 2d 854 (1987); United States v. Falu, 776 F. 2d 46, 50 (2d Cir.1985) (same reasoning); State v. Moore, 782 P. 2d 497, 504 (Utah 1989) (same reasoning with respect to state legislature).
cited Cited as authority (rule) United States v. Joseph Emmanuel Williams
11th Cir. · 1991 · confidence medium
United States v. Falu, 776 F.2d 46, 50 (9th Cir.1985). 18 U.S.C. § 2315 prohibits the knowing receipt of stolen goods moving in interstate commerce.
cited Cited as authority (rule) United States v. Benjamin J. Crew
5th Cir. · 1990 · confidence medium
United States v. Falu, 776 F.2d 46, 49-50 (2d Cir.1985); United States v. Cunningham, 615 F.Supp. 519, 521 (S.D.N.Y.1985).
cited Cited as authority (rule) United States v. Oswald A. Rowe A/K/A Pete
8th Cir. · 1990 · confidence medium
“Congress sought to create a drug-free zone around schools.” U.S. v. Falu 776 F.2d 46, 50 (2d Cir.1985 [Feinberg, C.J.]).
discussed Cited as authority (rule) Commonwealth v. Burns
Va. · 1990 · confidence medium
United States v. Cross, _ F.2d_, _ (6th Cir. 1990); Thornton, 901 F.2d at 740 ; Holland, 810 F.2d at 1222 ; United States v. Falu, 776 F.2d 46, 49 (2d Cir. 1985); United States v. Agilar, 779 F.2d 123, 125-26 (2d Cir. 1985), cert. denied, 475 U.S. 1068 (1986); United States v. Cunningham, 615 F. Supp. 519, 521 (S.D.N.Y. 1985).
cited Cited as authority (rule) United States v. Anthony W. Pitts
9th Cir. · 1990 · confidence medium
See United States v. Haynes, 881 F.2d 586, 590 (8th Cir.1989); Holland, 810 F.2d at 1223 ; United States v. Falu, 776 F.2d 46, 50 (2d Cir.1985).
discussed Cited as authority (rule) United States v. Gerald Levy (89-5980) and Calvin Black (89-6099)
6th Cir. · 1990 · confidence medium
See United States v. Feola, 420 U.S. 671, 684-86 , 95 S.Ct. 1255, 1263-65 , 43 L.Ed.2d 541 (1975) (upholding federal statute that makes assaulting a federal officer a federal offense regardless of whether the defendant knew of the victim’s identity); United States v. Holland, 810 F.2d 1215, 1222-24 (D.C.Cir.) (upholding the constitutionality of 21 U.S.C. § 845a, the “schoolyard statute” that provides for enhanced penalties for selling drugs within 1,000 feet of an elementary or secondary school regardless of whether the seller knew he was within the prescribed zone), cert. denied, 481 U…
cited Cited as authority (rule) United States v. Coates
S.D.N.Y. · 1990 · confidence medium
United States v. Falu, 776 F.2d 46, 50 (2nd Cir.1985) (citations omitted).
examined Cited as authority (rule) United States v. Roberts (3×) also: Cited "see"
S.D.N.Y. · 1990 · confidence medium
Thus, reasons the government, “congress created a boundary surrounding these institutions which drug dealers would cross at their peril.” To support this proposition, the government proffers this circuit’s conclusion in United States v. Falu, 776 F.2d 46, 48 (2d Cir.1985), that Congress meant the schoolyard statute to “send a signal to drug dealers that we will not tolerate their presence near our schools.” 5 Id. at 48 (quoting 130 Cong.Rec.
discussed Cited as authority (rule) United States v. Delroy Lewin, A/K/A Tony, United States of America v. Oral Wayne Taylor (2×)
8th Cir. · 1990 · confidence medium
United States v. Haynes, 881 F.2d 586, 590 (8th Cir.1989); accord United States v. Holland, 258 U.S.App.D.C. 236 , 810 F.2d 1215, 1221-24 , cert. denied, 481 U.S. 1057 , 107 S.Ct. 2199 , 95 L.Ed.2d 854 (1987); United States v. Falu, 776 F.2d 46, 49-50 (2d Cir.1985).
discussed Cited as authority (rule) United States v. Melvin C. Cross (2×)
6th Cir. · 1990 · confidence medium
In United States v. Falu, 776 F.2d 46, 48-50 (2d Cir.1985), the court examined the legislative history, particularly the statements of Senator Paula Hawkins, who sponsored the bill.
cited Cited as authority (rule) United States v. Liranzo
S.D.N.Y. · 1990 · confidence medium
As stated by the Second Circuit in United States v. Falu, 776 F.2d 46, 50 (2d Cir.1985), The purpose of the statute is clear from a reading of the legislative history.
discussed Cited as authority (rule) United States v. Clavis
N.D. Ga. · 1990 · confidence medium
As one court noted, the statute was “[djesigned to ‘send a signal to drug dealers that we will not tolerate their presence near our schools.’ ” United States v. Falu, 776 F.2d 46, 48 (2d Cir.1985) (quoting 130 Cong.Rec.
discussed Cited as authority (rule) State v. Moore (2×)
Utah · 1989 · confidence medium
United States v. Holland, 810 F.2d at 1223-24 (emphasis added); see also United States v. Ofarril, 779 F.2d 791, 792 (2d Cir.1985) (per curiam), cert. denied, 475 U.S. 1029 , 106 S.Ct. 1231 , 89 L.Ed.2d 340 (1986); United States v. Falu, 776 F.2d 46, 50 (2d Cir.1985); see also State v. Brown, 227 N.J.Super. 429 , 547 A.2d 743, 747 (1988) (state legislature had a legitimate and reasonable basis for the termination of mens rea about the school’s proximity to achieve its protective purpose to shield school children from the violent and dangerous narcotic criminal milieu); State v. Morales, 224 …
discussed Cited as authority (rule) United States v. Everton Gladstone Watson
9th Cir. · 1989 · confidence medium
This intent to create a “drug-free zone around schools,” see United States v. Falu, 776 F.2d 46, 50 (2d Cir.1985), would be defeated if dealers were allowed to escape prosecution by creating circuitous routes to their narcotic transactions.
discussed Cited as authority (rule) United States v. Lloyd Granville Haynes (2×)
8th Cir. · 1989 · confidence medium
United States v. Holland, 810 F.2d 1215, 1221-24 (D.C.Cir.), cert. denied, 481 U.S. 1057 , 107 S.Ct. 2199 , 95 L.Ed.2d 854 (1987); United States v. Jones, 779 F.2d 121, 123 (2d Cir.1985), cert. denied, 475 U.S. 1031 , 106 S.Ct. 1236 , 89 L.Ed.2d 344 (1986); United States v. Falu, 776 F.2d 46, 49-50 (2d Cir.1985).
discussed Cited as authority (rule) State v. Burch
Fla. Dist. Ct. App. · 1989 · confidence medium
The court found the statute not infirm on equal protection or due process grounds and cited United States v. Falu, 776 F.2d 46, 50 (2d Cir.1985), which held that the statute did not require knowledge of the proximity of the school: The purpose of the statute is clear from a reading of the legislative history.
cited Cited as authority (rule) Government of the Virgin Islands v. Douglas
3rd Cir. · 1987 · confidence medium
The government’s reliance on United States v. Falu, 776 F.2d 46, 49 (2d Cir.1985), is misplaced.
cited Cited as authority (rule) Government of the Virgin Islands v. Douglas, Leo, in No. 85-3488. Government of the Virgin Islands, in No. 85-3732 v. Douglas, Leo. In Re Government of the Virgin Islands, in No. 86-3544
3rd Cir. · 1987 · confidence medium
We have considered each of these claims and find them to be without merit 5 The government's reliance on United States v. Falu, 776 F.2d 46, 49 (2d Cir.1985), is misplaced.
discussed Cited as authority (rule) United States v. Rufus Holland (2×) also: Cited "see"
D.C. Cir. · 1987 · confidence medium
In United States v. Falu, 776 F.2d 46, 48-50 (2nd Cir.1985), the court reviewed the legislative history of the statute, and particularly the statements of Senator Paula Hawkins, who sponsored the bill.
discussed Cited as authority (rule) United States v. Biasucci
unknown court · 1986 · confidence medium
United States v. Falu, 776 F.2d 46, 49 (2d Cir.1985); see, e.g., United States v. Yermian, 468 U.S. 63 , 104 S.Ct. 2936, 2943 , 82 L.Ed.2d 53 (1984) (knowledge of federal agency jurisdiction not required by 18 U.S.C. § 1001 ); United States v. Feola, 420 U.S. 671, 684 , 95 S.Ct. 1255, 1263 , 43 L.Ed.2d 541 (1975) (knowledge that victim is a federal officer not required by 18 U.S.C. § 111 ); United States v. Ardito, 782 F.2d 358, 362 (2d Cir.1986) (knowledge that obstructed proceeding is federal in nature not required by 18 U.S.C. § 1503 ); United States v. Roglieri, 700 F.2d 883, 885 (2d Ci…
discussed Cited as authority (rule) United States v. Biasucci
unknown court · 1986 · confidence medium
United States v. Falu, 776 F.2d 46, 49 (2d Cir.1985); see, e.g., United States v. Yermian, 468 U.S. 63 , 104 S.Ct. 2936, 2943 , 82 L.Ed.2d 53 (1984) (knowledge of federal agency jurisdiction not required by 18 U.S.C.
discussed Cited as authority (rule) United States v. Ronald Jones
2d Cir. · 1985 · confidence medium
The schoolyard statute, as pointed out by Judge Weinfeld in Nieves, 608 F.Supp. at 1149 & n. 4, and by the panel in Falu , at 48, 50, was introduced to help reduce drug use by children by “threatening pushers who approach our children near schools with stiff penalties.” ISO Cong.Rec.
cited Cited as authority (rule) United States v. Nector Ofarril and Louis Rosa
2d Cir. · 1985 · confidence medium
United States v. Falu, 776 F.2d 46, 50-51 (2d Cir.1985).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Ramon FALU, Defendant-Appellant
54, Docket 85-1138.
Court of Appeals for the Second Circuit.
Oct 30, 1985.
776 F.2d 46
1985 U.S. App. LEXIS 24566
Douglas F. Eaton, New York City, for defendant-appellant., Herve Gouraige, Asst. U.S. Atty. for the S.D. of N.Y., New York City (Rudolph W. Giuliani, U.S. Atty. for the S.D. of N.Y., John F. Savarese, Asst. U.S. Atty., New York City, of counsel), for appellee.
Feinberg, Kearse, Cardamone.
Cited by 100 opinions  |  Published
FEINBERG, Chief Judge:

Ramon Falu appeals from a judgment of conviction following a jury trial before Robert L. Carter, J., in the United States District Court for the Southern District of New York. Appellant Falu was convicted on one count of distributing heroin within 1,000 feet of a school, in violation of 21 U.S.C. §§ 812, 841(a)(1) and 845a(a) and 18 U.S.C. § 2. Falu raises several claims on appeal. Most significantly, he objects to the district court’s construction of 21 U.S.C. § 845a(a), which enhances penalties for those convicted of distributing drugs near a school. We find that the district court correctly interpreted the statute and that none of Falu’s other arguments have merit. We affirm his conviction.

I.

Appellant was arrested as part of an undercover operation. From the evidence before it, the jury could have found that Officer Jose Santiago, posing as a drug user, approached Falu and asked him in Spanish for heroin. Falu responded, “Come on, I take you to some one who got some good stuff,” and then accompanied Santiago one block north to the street corner where co-defendant Manuel Perez was selling heroin. Falu called Perez over, addressing him by the nickname “Carmello,” and indicated that Santiago wanted heroin. Perez and Santiago negotiated the sale, and the officer then departed. Falu and Perez remained together on the street corner. They were arrested a few minutes later by Santiago’s back-up team. Perez had the $20 of prerecorded “buy-money” on him; Falu had no funds.

Falu and Perez were both charged with one count of conspiracy to distribute heroin and one count of distribution. After presentment, Perez became a fugitive and, consequently, Falu was tried alone. The government’s only witnesses at trial were[*48] two police officers, one of whom was Santiago. On a defense motion, with the consent of the government, the conspiracy-count was dropped. The nature of the substance sold to Santiago, the proximity of Public School 7 and the fact that the school was not in view from the location where the sale was made were stipulated at trial. The government introduced no evidence to show that Falu knew he was within 1,000 feet of a school. Appellant did not testify on his own behalf; he called no witnesses and presented no evidence.

The jury convicted Falu of aiding and abetting Perez’s distribution of heroin within 1,000 feet of a school. After denying Falu’s motions for acquittal and a new trial, Judge Carter sentenced him to eight months imprisonment, followed by ten years special parole, and assessed him $50 as provided by 18 U.S.C. § 3013. This appeal followed.

II.

The statute principally involved in this case, hereinafter referred to as the “schoolyard statute,” 21 U.S.C. § 845a, was enacted in October 1984. Designed to “send a signal to drug dealers that we will not tolerate their presence near our schools,” 130 Cong.Rec. S559 (daily ed. January 31, 1984) (statement of Sen. Paula Hawkins), the statute provides stiff penalties for anyone convicted of selling drugs within 1,000 feet of a public or private elementary or secondary school. A first conviction carries a term of imprisonment of up to twice that authorized for a violation of 21 U.S.C. § 841(a)(1) and a term of special parole of at least twice that authorized by section 841(b). [1] A second offense carries a minimum sentence of three years and a maximum of life, followed by at least three times the special parole authorized by section 841(b). Section 845a(c) restricts parole eligibility. [2]

Appellant objects to application of the schoolyard statute to him on two grounds. First, he claims that the schoolyard statute does not apply to aiders and abettors. He stresses that it singles out for enhanced penalties only distribution of a controlled substance from among all section 841(a)(1) offenses. From this, he argues that the schoolyard statute does not apply to an aider and abettor who does not actually distribute or control the distribution of narcotics. Appellant contends that the legislative history supports this construction, since Congress expressed its objection to “pushers” and “dealers” operating in areas around schools, but made no mention of “steerers” or other supporting actors in the distribution process. See 130 Cong.Rec. S559, supra. Appellant notes that application to aiders and abettors could result in conviction under the schoolyard statute of someone who was never within 1,000 feet of a school. Citing the “rule of lenity” used to construe criminal statutes, inelud[*49] ing sentence-enhancing provisions, see Bifulco v. United States, 447 U.S. 381, 387, 100 S.Ct. 2247, 2252, 65 L.Ed.2d 205 (1980), he also urges that the statute not be applied to aiders and abettors absent a clear indication that Congress intended to do so.

Second, Falu argues that section 845a(a) does not apply unless a defendant had specific knowledge of the proximity of a school, which was not established at Falu’s trial. He relies on Liparota v. United States, -U.S.-, 105 S.Ct. 2084, 85 L.Ed.2d 434 (1985), which held that to convict under 7 U.S.C. § 2024(b) the government had to prove that the defendant knew “his acquisition or possession of food stamps was in a manner unauthorized by statute or regulations.” Id. at 2092 (footnote omitted). Appellant argues that without a requirement that a defendant be aware of the key element under the schoolyard statute, namely, proximity to a school, the statute fails to provide fair notice that the prohibited conduct is subject to enhanced penalties. Appellant describes urban areas where schools are not clearly visible from points within the 1,000-foot zone or are not readily identifiable.

Falu attempts to distinguish the schoolyard statute from a statute like 18 U.S.C. § 111, which makes assaulting a federal officer a federal offense regardless of the defendant’s knowledge of the victim’s identity. See United States v. Feola, 420 U.S. 671, 684, 95 S.Ct. 1255, 1263, 43 L.Ed.2d 541 (1975). Section 111, Falu argues, seeks to effectuate the legislative aim — protection of federal officers — directly, while the schoolyard statute operates only indirectly to benefit school children. Appellant maintains that requiring the government to establish knowledge is fully compatible with a legislative scheme affording indirect protection, and in his brief he gives examples of how knowledge could be established.

We have no precedent directly on point dealing with the interpretation of section 845a(a). Therefore, we rely primarily on the language of the statute and its legislative history, and the effect of the general aiding and abetting statute. We do not find support in these sources for appellant’s claim that the schoolyard statute cannot apply to aiders and abettors. Section 2(a) of Title 18 of the United States Code states that “[wjhoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.” This section has been broadly' interpreted to mean that “all participants in1 conduct violating a federal criminal statute are ‘principals.’ ” Standefer v. United States, 447 U.S. 10, 20, 100 S.Ct. 1999, 2006, 64 L.Ed.2d 689 (1980). By its terms, the schoolyard statute admits no exception to the general rule that aiders and abettors are punishable as principals. While appellant contends that the legislative history provides the necessary indication, we do not agree. The sparse legislative history simply provides no expression either way. In the face of this silence, we must presume that Congress intended aiders and abettors to be punished as principals.

Because 18 U.S.C. § 2 requires that legislative silence be interpreted to encompass aiders and abettors, the “rule of lenity” cited by appellant is not applicable and reliance on Bifulco is misplaced. We realize that, under this interpretation, an aider and abettor located outside the 1,000-foot zone would be subject to the enhanced penalties of the schoolyard statute. While we do not have to address this problem here, since Falu does not contest the fact that he was within 1,000 feet of a public school, we believe that the statute could apply to such cases, so long as distribution itself occurred within 1,000 feet of the school.

We find appellant’s second objection to the application of the schoolyard statute equally unpersuasive. It is true that “criminal offenses requiring no mens rea have a ‘generally disfavored status,’ ” Liparota, supra, 105 S.Ct. at 2088 (citation omitted), but Congress can dispense with this requirement. Id. at 2087. [3] The lan[*50] guage of section 845a(a) contains no express mens rea requirement for the distance element of the offense. While “ ‘far more than the simple omission of the appropriate phrase from the statutory definition is necessary to justify dispensing with an intent requirement,’ ” id. at 2088 (citation omitted), we find that Congress has provided us with more.

The purpose of the statute is clear from a reading of the legislative history. Congress sought to create a drug-free zone around schools; whether it chose to do so directly or indirectly is not particularly relevant. According to its sponsor, the provision was designed to “deter drug distribution in and around schools,” including transactions which “take place in remote outdoor areas, at local hangouts, or at nearby homes or apartments,” thereby helping to “eliminate outside negative influences” around schools. See 130 Cong. Rec. S559, supra. Judge Weinfeld has described the statute in the following terms: “It is difficult to imagine a more rational way of keeping drug traffickers out of areas where children are more likely to come into contact with them than to subject them to a risk of stiffer penalties for doing business near school property.” United States v. Nieves, 608 F.Supp. 1147, 1149-50 (S.D.N.Y.1985). We find that a requirement that the dealer know that a sale is geographically within the prohibited area would undercut this unambiguous legislative design. See United States v. Cunningham, 615 F.Supp. 519 (S.D.N.Y.1985) (no proof of knowledge or intent for the element of distance required; Liparota distinguished).

This construction of section 845a(a) does not criminalize otherwise innocent activity, since the statute incorporates section 841(a)(1), which already contains a mens rea requirement — one must “knowingly or intentionally ... distribute ... a controlled substance.” (emphasis supplied). This distinguishes the schoolyard statute from the one involved in Liparota, where failure to impose a mens rea requirement would “criminalize a broad range of apparently innocent conduct.” 105 S.Ct. at 2088. Anyone who violates section 845a(a) knows that distribution of narcotics is illegal, although the violator may not know that the distribution occurred within 1,000 feet of a school. In this respect, the schoolyard statute resembles other federal criminal laws, which provide enhanced penalties or allow conviction for obviously antisocial conduct upon proof of a fact of which the defendant need not be aware. See, e.g., United States v. Feola, supra; United States v. Roglieri, 700 F.2d 883, 885 (2d Cir.1983) (knowledge that stolen item came from the mail is not required under 18 U.S.C. § 1708); United States v. Baker, 693 F.2d 183, 185-86 (D.C.Cir.1982) (18 U.S.C. § 641 does not require proof of knowledge that stolen property belonged to the government); United States v. Hamilton, 456 F.2d 171, 173 (3d Cir.), cert. denied, 406 U.S. 947, 92 S.Ct. 2051, 32 L.Ed.2d 335 (1972) (18 U.S.C. § 2423 doubles the penalty for interstate transportation for the purpose of prostitution if a minor is involved, regardless of knowledge of age); United States v. Mingoia, 424 F.2d 710, 713 (2d Cir.1970) (knowledge that stolen goods were transported in interstate commerce is not required by 18 U.S.C. § 2314). Although we are aware that some schools are not clearly recognizable as such from all points within the 1,000-foot radius, Congress evidently intended that dealers and their aiders and abettors bear the burden of ascertaining where schools are located and removing their operations from those areas or else face enhanced penalties.

III.

Appellant raises three other claims, which merit only brief discussion. First, he challenges the sufficiency of the evidence of intent to aid and abet, claiming that it did not establish that he had an[*51] interest in Perez’s operation. After reviewing the evidence adduced at trial, we find that appellant has failed to sustain the heavy burden borne by a defendant challenging the sufficiency of the evidence on appeal. See United States v. Tyler, 758 F.2d 66, 68 (2d Cir.1985) (affirming aiding and abetting conviction). The evidence showed that Falu offered to take Santiago to someone who would sell him heroin, demonstrated his knowledge of Perez and his operation, introduced the buyer and seller and remained with Perez during and after the transaction. Although the evidence of aiding and abetting was somewhat weaker than in Tyler, the jury could reasonably infer that Falu associated himself with the venture, participated in it as in something he wished to bring about and sought by his action to make it succeed. See id. at 70.

Falu also objects to statements made by the attorney for the government in summation and rebuttal, focusing particularly on the remark “We know full well what he [Falu] was doing____” Appellant argues that such statements implied that the government had additional information of a criminal relationship between Falu and Perez, and that such an implication was found prejudicial in United States v. Burse, 531 F.2d 1151, 1154-55 (2d Cir.1976). However, the remarks in Burse were only a minor portion of a pattern of prosecutorial misconduct, not present here. Moreover, we do not agree with appellant’s characterization of the statements in this case. Considering the remarks in context, they represent no more than an assertion that all who had listened to the evidence, including the jury, could and should infer that Falu assisted Perez’s operation. Cf. United States v. Williams, 583 F.2d 1194, 1201 (2d Cir.1978), cert. denied, 439 U.S. 1117, 99 S.Ct. 1025, 59 L.Ed.2d 77 (1979).

Appellant’s final claim is that the district court improperly responded to a juror’s question. Although Judge Carter’s response may have been somewhat confusing, the clarification appellant requested would have put the court in the position of commenting on the evidence. This the judge was not required to do. Furthermore, we do not agree that his response foreclosed consideration of the evidence or that, in any event, the evidence could, on this record, have been regarded by the jury as significant. Thus, even if his response was in error, we find it to have been harmless.

Appellant’s conviction is affirmed.

1

. Section 845a(a) provides:

Any person who violates section 841(a)(1) of this title by distributing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school is (except as provided in subsection (b) of this section) punishable (1) by a term of imprisonment, or fine, or both up to twice that authorized by section 841(b) of this title; and (2) at least twice any special parole term authorized by section 841(b) of this title for a first offense involving the same controlled substance and schedule.
2

. Sections 845a(b) and (c) provide:

(b) Any person who violates section 841(a)(1) of this title by distributing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school after a prior conviction or convictions under subsection (a) of this section have become final is punishable (1) by a term of imprisonment of not less than three years and not more than life imprisonment and (2) at least three times any special term authorized by section 841(b) of this title for a second or subsequent offense involving the same controlled substance and schedule.
(c) In the case of any sentence imposed under subsection (b) of this section, imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted under subsection (b) of this section shall not be eligible for parole under section 4202 of Title 18 until the individual has served the minimum sentence required by such subsection.
3

. Congress must act within constitutional limits, of course. See Liparota, supra, 105 S.Ct. at 2087[*50] n. 6. We do not understand appellant to argue that the statute would be unconstitutional without a knowledge requirement.