Does a defendant have a burden of establishing that his prior convictions are unconstitutional?
MultiRegion, United States of America
The following excerpt is from U.S. v. Adams, 8 F.3d 30 (9th Cir. 1993):
"[T]he Constitution requires that defendants be given the opportunity to collaterally attack prior convictions which will be used against them at sentencing." United States v. Vea-Gonzales, No. 91-30469, slip op. at 7343 (9th Cir. July 13, 1993). Adams, however, did not carry his burden of establishing by a preponderance of the evidence that his prior convictions were unconstitutional. See United States v. Newman, 912 F.2d 1119, 1122 (9th Cir.1990).
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