Can a sentencing court enhance the sentence of a defendant convicted of a drug offence under section 841(a) on the basis of a prior felony drug conviction?
MultiRegion, United States of America
The following excerpt is from U.S. v. Mayfield, 386 F.3d 1301 (9th Cir. 2004):
A sentencing court cannot, however, enhance the sentence of a defendant convicted of a drug offense under section 841(a) on the basis of a prior felony drug conviction unless the government complies with the requirements of 21 U.S.C. 851(a). United States v. Severino, 316 F.3d 939, 942-43 (9th Cir.2003).
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