United States v. David M. Belanger
Court of Appeals for the Seventh Circuit
1Opinion of the Court
KANNE, Circuit Judge.
On January 24, 1990, David Belanger was charged by indictment with possessing with the intent to distribute 9.15 kilograms of marijuana, in violation of 21 U.S.C. § 841(a)(1), and possessing a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g)(1). Prior to trial, the government filed and served on Belanger its “Notice of Intention to Seek Enhanced Penalty,” pursuant to 21 U.S.C. § 851. Section 851 provides in relevant part:
No person who stands convicted of an offense under this part [21 U.S.C. § 841, et seq.~\ shall be sentenced to increased punishment by…
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