United States v. Felix Severino
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge KOZINSKI; Dissent by Judge THOMAS
KOZINSKI, Circuit Judge.
Federal law imposes a mandatory minimum sentence for certain crimes, but only if the defendant has a felony drug prior. In order to render defendant eligible for the mandatory minimum, the government must allege the prior conviction in an information pursuant to 21 U.S.C. § 851. We consider what the government must do to comply with this provision.
*942I
The government charged Felix Severino for his role in a conspiracy to distribute cocaine and the related charges of possession and distribution. See 21 U.S.C. §§ 846,…
2Cases cited25 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Neder v. United StatesSupreme Court of the United States · 1999
- Yakus v. United StatesSupreme Court of the United States · 1944
- Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
- Lorillard v. PonsSupreme Court of the United States · 1978
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