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U.S. v. SEVERINO

No. 00-30161.

316 F.3d 939 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Felix SEVERINO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2003.

Attorney(s) appearing for the Case

Bruce L. Brown, Anchorage, AK, argued for the defendant-appellant.

Stephen Cooper, Assistant United States Attorney, Fairbanks, AK, argued for the plaintiff-appellee. Timothy M. Burgess, United States Attorney, Anchorage, AK, assisted on the brief.

Before SCHROEDER, Chief Judge, REINHARDT, KOZINSKI, TROTT, RYMER, THOMAS, GOULD, PAEZ, BERZON, TALLMAN and RAWLINSON, Circuit Judges.

Opinion by Judge KOZINSKI; Dissent by Judge THOMAS

KOZINSKI, Circuit Judge.

Federal law imposes a mandatory minimum sentence for certain crimes, but only if the defendant has a felony drug prior. In order to render defendant eligible for the mandatory minimum, the government must allege the prior conviction in an information pursuant to 21 U.S.C. § 851. We consider what the government must do to comply with this provision.

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