U.S. v. HARDEN

No. 92-4512 Non-Argument Calendar.

37 F.3d 595 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Joe HARDEN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 3, 1994.


Attorney(s) appearing for the Case

Paul D. Lazarus, Miami, FL, for appellant.

Roberto Martinez, U.S. Atty., Jeffrey N. Kaplan, Linda Collins Hertz, Anne M. Hayes, Asst. U.S. Attys., Miami, FL, for appellee.

Before TJOFLAT, Chief Judge, BIRCH and DUBINA, Circuit Judges.


BIRCH, Circuit Judge:

This appeal challenges conviction and sentence for possession with intent to distribute cocaine base or crack. It further presents the opportunity for us to decide the first-impression issue in our circuit of whether prior state felony drug convictions that were not prosecuted by indictment are properly the basis for statutory enhancement. We AFFIRM.

I. BACKGROUND

On August 25, 1990, defendant-appellant, Joe Harden, led detectives...

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