United States v. Jerry Wayne Mayfield
Court of Appeals for the Ninth Circuit
1Opinion of the Court
DAVID R. THOMPSON, Senior Circuit Judge:
This opinion replaces our previous opinion, United States v. Mayfield, filed October 29, 2004, and published at 386 F.3d 1301 (9th Cir.2004), which has been withdrawn.
Defendant-appellant Jerry Wayne May-field appeals his sentence, imposed following his conviction after a jury trial, for possession of cocaine base with intent to distribute in violation of 21 U.S.C. § 841(a). Mayfield contends the enhanced mandatory minimum sentence required by 21 U.S.C. § 841(b)(1)(A) may not be imposed consistent with due process when the government fails to refile an…
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