REYNALDO G. GARZA, Circuit Judge:
BACKGROUND
Jose Guadalupe Salazar-Flores was charged by indictment with one count of possession with intent to distribute a quantity of marijuana in violation of 21 U.S.C. § 841. The Government filed with the indictment a "NOTICE OF ENHANCED PENALTY," in which it stated that it would seek an enhanced penalty upon Salazar-Flores's conviction because it believed the evidence would show that the controlled substance involved...
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