United States v. Warren Lonnell Harris

EUGENE A. WRIGHT, Circuit Judge:

Harris was convicted for conspiring to smuggle, sell and conceal narcotics and for using telephone facilities for narcotics crimes. He appeals from the denial of his motion to correct an illegal sentence.

At the sentencing hearing, the government filed an information as required by the enhancement statute, 26 U.S.C. § 7237, stating that Harris’ conviction constituted a subsequent offense. Upon the court’s inquiry, Harris’ attorney admitted the prior conviction charged in the information. Harris was silent. He was given a 13-year sentence and his conviction was…