United States v. Morales

We review the determination of the United States District Court for the Southern District of New York (Koeltl, J.) that the government committed only a clerical error subject to correction at any time, see 21 U.S.C. § 851(a)(1), when it cited only the lower of the two applicable prior-narcotics-felony enhancements in the prior felony information served on defendant Ramon Morales before trial. We hold that a remand is required in order that the District Court may determine whether Morales was prejudiced by the government’s omission.

The federal narcotics laws require that the sentence for a…