United States v. DiFalco, No. 15-14763 (11th Cir. 2016)
Annotate this CaseDefendant plead guilty to one count of conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine. On appeal, defendant challenged his 240 month sentence, claiming that the sentence was imposed in error because the government did not file a proper information under 21 U.S.C. 851 to support his enhanced sentence. The court held that a defendant may waive section 851's requirements and the record established that defendant knowingly waived his right to appeal his sentence. Therefore, the court dismissed defendant's appeal. The court concluded that, even if it found that defendant had not knowingly waived his right to challenge his sentence, defendant has failed to meet his burden of establishing that the district court erred in imposing the sentence.
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