Service of notice of government’s intent to seek increased mandatory minimum sentence for prior drug conviction is not jurisdictional requirement
JURISDICTION/SENTENCING United States v. Flowers, No. 04-3206, ___ F.3d ___ (10th Cir. Mar. 22, 2006)(Kansas). Appeal of sentence for conspiracy to manufacture or distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). HELD: Title 21 U.S.C. § 851(a)(1)’s requirement that defendant be served with information alleging prior drug felony conviction when government seeks increase in applicable statutory minimum sentence is merely claim-processing rule as contemplated by Supreme Court’s decision in Eberhart v. United States, 126 S. Ct. 403, 546 U.S. ___ (2005) (per curiam). Section 851(a)(1)’s service requirement is not jurisdictional. Read the opinion here. |
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