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21 U.S.C. § 851 Does Not Bar Defendant From Challenging 5+ Year-Old Conviction on Identity Grounds

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United States v. Gonzalez, No. 09-40125 (5th Cir. Nov. 2, 2010) (per curiam) (King, Garwood, Davis) Sometimes it seems like sentencing in federal court has more to do with what the defendant did in the past than what he did this time.  Which brings us to Gonzalez and 21 U.S.C. § 851.  The case presents two questions: First, although § 851 precludes a defendant from challenging the validity of a

Full post as published by Fifth Circuit Blog on November 05, 2010 (boomark / email).

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