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U.S. v. DODSON

No. 00-60884.

288 F.3d 153 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Cuyler A. DODSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 8, 2002.

Attorney(s) appearing for the Case

Linda Randle Anderson, Asst. U.S. Atty., Richard Terrell Starrett, Asst. U.S. Atty. (argued), Jackson, MS, for Plaintiff-Appellee.

Robert Augustus Harper, Jr. (argued), Robert A. Harper Law Firm, Tallahassee, FL, John Mark Colette, Law Office of John Mark Colette, Jackson, MS, for Defendant-Appellant.

Before GARWOOD, JOLLY and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Cuyler A. Dodson appeals his guilty-plea conviction and sentence for simple possession of crack cocaine. He asserts that the district court erred in holding that he was subject to an enhanced maximum of two years' imprisonment under 21 U.S.C. § 844 because the Government failed to file an information under 21 U.S.C. § 851 giving notice of its intent to use his prior drug conviction for that purpose. Dodson also asserts that...

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