United States v. Iupeli Migi
2003 Cal. Daily Op. Serv. 4407, 329 F.3d 1085, 2003 Daily Journal DAR 5656 (2003)
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Rule of Law:
Under 21 U.S.C. § 860(e)(1), facilities such as basketball courts, softball fields, and skating rinks qualify as 'apparatus intended for the recreation of children.' Therefore, an outdoor recreational area containing three or more such facilities constitutes a 'playground' for the purpose of sentence enhancement in drug-related offenses.
Facts:
- Iupeli Migi sold crack cocaine in ’A’ala Park.
- ’A’ala Park is an outdoor facility, intended for recreation, and open to the public.
- The park contained a swingset.
- The park also contained a basketball court, a softball field, and a skating rink.
- A federal statute, 21 U.S.C. § 860, enhances penalties for drug offenses occurring within 1,000 feet of a 'playground'.
- The statute defines a 'playground' as an outdoor facility with 'three or more separate apparatus intended for the recreation of children'.
Procedural Posture:
- The U.S. Government charged Iupeli Migi in U.S. District Court with multiple counts of distributing and possessing a controlled substance within 1,000 feet of a playground.
- During the trial, at the conclusion of the Government's case, Migi moved for a judgment of acquittal.
- Migi argued that the Government presented insufficient evidence to prove that the park was a 'playground' as defined by the statute, because it contained only one qualifying 'apparatus' (a swingset).
- The district court, acting as the trial court, denied the motion, ruling that the basketball court, softball field, and skating rink also qualified as apparatus under the statute.
- Following his conviction, Migi, as the appellant, appealed the district court's decision to the United States Court of Appeals for the Ninth Circuit.
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Issue:
Do basketball courts, softball fields, and skating rinks constitute 'apparatus intended for the recreation of children' under 21 U.S.C. § 860(e)(1), thereby qualifying a park containing them as a 'playground' for the purpose of sentence enhancement?
Opinions:
Majority - T.G. Nelson, Circuit Judge
Yes. Basketball courts, softball fields, and skating rinks are 'apparatus intended for the recreation of children,' and a park containing at least three such items qualifies as a 'playground' under 21 U.S.C. § 860(e)(1). The court reasoned by interpreting the plain meaning of the statute's terms. It determined from another section of the statute, § 860(c), that 'children' refers to any person under 18 years of age. Using ordinary dictionary definitions, the court found that a basketball court or softball field is a 'collection or set of materials' designed for a particular use, fitting the definition of 'apparatus,' and that sports are a form of 'recreation.' Because people under 18 use these facilities for recreation, they qualify as 'apparatus intended for the recreation of children.' The court rejected an application of the ejusdem generis canon of construction, reasoning that the statute's plain meaning was apparent and that Congress's use of the phrase 'including, but not limited to' signaled an intent for a broad, non-exclusive list.
Analysis:
This decision broadens the application of the federal 'drug-free zone' sentence enhancement statute by providing an expansive interpretation of 'playground.' By including sports facilities used by teenagers, not just play equipment for young children, the court makes it easier for prosecutors in the Ninth Circuit to secure enhanced penalties. The ruling establishes a precedent that other courts may follow when interpreting similar statutes, potentially increasing the geographical scope of drug-free zones to include a wider variety of public parks and recreational areas. This diminishes the effectiveness of arguments seeking to narrow the statute's reach based on the specific types of equipment listed as examples in the law.
