United States v. Luna

MEMORANDUM OPINION

LYNCH, District Judge.

I. INTRODUCTION

In this memorandum opinion the Court addresses the issue of who bears the burden of proof when a defendant convicted of an offense involving greater than five kilograms of cocaine and facing enhanced punishment pursuant to Title 21 U.S.C. section 841(b)(1)(A) on account of prior convictions challenges one of the prior convictions on grounds that he was convicted pursuant to a plea of guilty into which he did not knowingly and voluntarily enter. For the reasons set forth below, the Court concludes that such a defendant bears the burden of…