U.S. v. GONZALEZ-LERMA

No. 94-4195.

71 F.3d 1537 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Rene GONZALEZ-LERMA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 11, 1995.


Attorney(s) appearing for the Case

David J. Schwendiman, Assistant United States Attorney, Salt Lake City, UT (Scott M. Matheson, Jr., United States Attorney, Salt Lake City, UT, with him on the brief), for Plaintiff-Appellee.

Jenine M. Jensen, Assistant Federal Public Defender, Denver, CO (Michael G. Katz, Federal Public Defender, with her on the brief), for Defendant-Appellant.

Before EBEL, and McKAY, Circuit Judges and COOK, Senior District Judge.


EBEL, Circuit Judge.

Defendant appeals his sentence of 20 years imprisonment following his conviction for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). On appeal, defendant argues: (1) The sentencing judge's failure to comply strictly with certain procedures mandated by 21 U.S.C. § 851 in enhancing his sentence based on a prior drug conviction rendered the enhancement illegal; and (2) the failure of defendant's counsel...

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