United States v. Ladson, No. 10-10151 (11th Cir. 2011)
Annotate this CaseDefendant appealed his felony drug offenses and his sentence enhancement based on two prior felony drug offenses. At issue was whether there was sufficient evidence to support his convictions; whether there were cumulative errors at trial that prejudiced him to the extent that he was entitled to a new trial; and whether the Government properly filed and served its 21 U.S.C. 851 notice of enhanced sentence. The court found that the first two issues lacked merit and focused its analysis on the Government's service of the notice of enhancement. The court held that defendant was not served before trial with a copy of the information in accordance with section 851(a)(1) and therefore, the district court lacked authority to impose an enhanced sentence on Counts I and Counts II. Accordingly, the court vacated defendant's mandatory term of life imprisonment on Count I and ten year sentence on Count II and remanded with instructions to resentence him on those counts without the enhancement. The court affirmed the judgment of the convictions on all counts.
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