United States v. Strong, Jr., No. 15-2992 (2d Cir. 2016)
Annotate this CaseDefendant appealed his conviction after pleading guilty to a drug conspiracy count. Prior to the guilty plea, the government filed a prior felony information under 21 U.S.C. 851, alleging that defendant was previously convicted of a drug felony under the New York State Penal Law. Defendant admitted to the fact of a prior conviction and the district court sentenced him principally to the mandatory minimum term of 120 months’ imprisonment. The court joined its sister circuits and held that the United States Attorney need not personally sign a prior felony information and that an Assistant United States Attorney (AUSA) may do so. In any event, defendant failed to demonstrate prejudice by the fact that an AUSA rather than a United States Attorney signed his information. The court also rejected defendant's argument that the government unconstitutionally contravened an internal Department of Justice policy memorandum, which lists factors relevant to the government’s decision to seek a prior felony enhancement. Accordingly, the court affirmed the judgment.
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