U.S. v. JACKSON

No. 07-13374.

544 F.3d 1176 (2008)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. Frederick Eugene JACKSON, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 7, 2008.


Attorney(s) appearing for the Case

Todd B. Grandy; Linda Julin McNamara and Karin B. Hoppmann, Asst. U.S. Attys., Tampa, FL, for U.S.

Michael G. Nichola (Court-Appointed), Orlando, FL, for Jackson.

Before DUBINA, HULL and FAY, Circuit Judges.


PER CURIAM:

The government appeals Frederick Eugene Jackson's 240-month concurrent sentences imposed for his three felony drug offenses. Even before this case, Jackson had four prior felony convictions. On appeal, the government argues that the district court erred in striking its 21 U.S.C. § 851 prior felony notice. Jackson responds that we lack jurisdiction over the government's appeal because it did not appeal as to the § 851 notice before sentencing...

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