United States v. Carlos Martinez

SWYGERT, Circuit Judge.

This case presents the issue whether a federal district court has the power and duty to conduct a hearing regarding the constitutional validity of a prior narcotics conviction which a defendant seeks to exclude from the record for the purposes of his sentencing as a second offender as provided for under 21 U.S.C. § 174.

The instant suit commenced with the return of a one-count indictment on November 14, 1967, charging the defendant, Carlos Martinez, with facilitating the transportation of approximately 2000 grams of heroin in violation of 21 U.S.C. § 174. The defendant…