Craig Wirsing has been convicted of conspiracy to possess with intent to distribute marijuana (21 U.S.C. §§ 846 and 841(a)(1)) and interstate travel in aid of racketeering (18 U.S.C. § 1952(a)). He awaits sentencing.
In a notice filed January 9, 1987, (docket # 71) the Government indicated its intention to use a prior felony conviction to enhance any sentence received by Wirsing for a violation of 21 U.S.C. § 841(a)(1). See 21 U.S.C. § 841(b) (The sentencing scheme for drug offenses under 21 U.S.C. § 841(a) includes enhanced penalties for repeat offenders.). Wirsing challenges the sufficiency of the Government's January 9 notice under 21 U.S.C. § 851, which is the provision requiring certain notice before a person convicted of a drug offense under Title 21, Chapter 13, Subchapter I, Part D, may be sentenced to increased punishment by reason of one or more prior convictions.
21 U.S.C. § 851(a)(1) provides in relevant part:
The Notice and Information of Prior Felony Conviction of Defendant Wirsing and Notice of Government's Intent to Enhance Sentence, filed by the Government on January 9, 1987, (docket # 71) read as follows:
The Government's January 9, 1987, notice did not state in writing the previous convictions to be relied upon. It only notified Wirsing that there existed "a prior felony conviction cognizable under Title 21, United States Code...." Such notice was not sufficient under the plain language of 21 U.S.C. § 851(a)(1). Wirsing has raised the issue of the insufficiency of the Government's January 9 notice in a timely manner.
In view of the insufficiency of the content of the Government's January 9 notice, the Court need not reach the other issues raised by Wirsing's challenge of that notice.
Because the Government's Notice and Information of Prior Felony Conviction of Defendant Wirsing and Notice of Government's Intent to Enhance Sentence (docket # 71), filed January 8, 1987, is insufficient under the plain language of 21 U.S.C. § 851(a)(1),
IT IS HEREBY ORDERED that Craig Clark Wirsing shall not be sentenced in this case to increased punishment by reason of one or more prior convictions.
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