United States v. Jesse Angel Cevallos

JOHN R. BROWN, Chief Judge:

Petitioner-appellant Cevallos appeals from the District Court’s denial without a hearing of his F.R.Crim.P. 35 motion to correct his sentence, which had been enhanced pursuant to 21 U.S.C.A. § 851. Because the District Court in sentencing petitioner did not comply with the procedural prerequisites of § 851, we vacate petitioner’s sentence and remand so that petitioner can be resentenced in full compliance with the enhancement statute.

Challenging The Enhanced Sentence

Petitioner pleaded guilty on February 5, 1973 to conspiracy to distribute heroin in violation of 21…