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Jackson: 851 approval not jurisdictional

By Tim Cone

In U.S. v. Jackson, No 07-13374 (Oct. 7, 2008), the Court held that the requirement that the government obtain approval for an appeal of a sentence from the Solicitor General was not jurisdictional. Thus, it rejected the argument that it lacked jurisdiction to consider the government?s appeal of the defendant?s sentence. The Court also rejected the argument that, in order to appeal a district court?s striking of a sentence enhancement notice pursuant to 18 U.S.C. § 851, the government must appeal before sentencing.The Court also rejected the argument that the government?s § 851 notice was defective because it was not personally signed or approved by the United States Attorney. The Court held that this power can be delegated to Assistant United States Attorneys.continue to full post

Full post as published by Defense Newsletter Blog on October 14, 2008 (boomark / email).