Prou v. United States

SELYA, Circuit Judge.

The mandatory minimum sentence for distribution of a controlled substance ordinarily doubles if the accused has a prior felony drug conviction. See 21 U.S.C. § 841. But this enhancement accrues only if the government elects to pursue it. In that event, the government must file, within a specified time frame, an information signaling its intention and identifying the previous conviction(s) on which it relies. See id. § 851(a)(1).

In this appeal, petitioner-appellant Stanley Prou challenges an enhanced sentence imposed on the basis of a concededly un timely filing. He shrugs…