United States v. James S. Duardi

ROBERT VAN PELT, Senior District Judge.

This case again presents the issue of the proper application of the Dangerous Special Offender Act, 18 U.S.C. § 3575. An earlier panel of this court was confronted with nearly identical issues in United States v. Kelly, 519 F.2d 251 (8th Cir. 1975), and decided the case contrary to the government’s position in Kelly and in this case.

We are asked to determine in the instant case

1) whether the government’s original notice seeking sentencing under 18 U.S.C. § 3575 was adequate;

2) whether the district court erred in holding the provisions of 18 U.S.C. §§…