Legal Opinion

United States v. Felix Severino

Court of Appeals for the Ninth Circuit

Decided January 14, 2003No. 00-30161PublishedCited by 72 opinions

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

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Neder v. United StatesSupreme Court of the United States · 1999
  3. Yakus v. United StatesSupreme Court of the United States · 1944
  4. Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
  5. Lorillard v. PonsSupreme Court of the United States · 1978

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3Cited by72 opinions

  1. United States v. ReedCourt of Appeals for the Ninth Circuit · 2009
  2. United States v. SutcliffeCourt of Appeals for the Ninth Circuit · 2007
  3. United States v. Labrada-BustamanteCourt of Appeals for the Ninth Circuit · 2005
  4. United States v. MincoffCourt of Appeals for the Ninth Circuit · 2009
  5. Communications Network International, Ltd. v. MCI WorldCom Communications, Inc. (In Re WorldCom, Inc.)Court of Appeals for the Second Circuit · 2013

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