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U.S. v. STEPHENS

No. 93-50141.

35 F.3d 451 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Dale Anthony STEPHENS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 13, 1994.

Attorney(s) appearing for the Case

Alicia Blanco, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant.

Clare S. Phillips, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before: PREGERSON, O'SCANNLAIN, and FERNANDEZ, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

Is a federal drug law offender entitled to an evidentiary hearing during sentencing to challenge the constitutionality of a prior conviction used to enhance the sentence?

I

Dale Stephens was arrested at his residence on July 16, 1992 by agents of the Bureau of Alcohol, Tobacco and Firearms who had acted on a tip from an informant that Stephens was selling cocaine.

On July...

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