United States Sixth Circuit

In the context of the procedures statutorily imposed on the government when it seeks enhanced penalties at sentencing, the requirements of 21 U.S.C. section 851(a) are not jurisdictional.

Appellate Information

• Decided 08/13/2007
• Published 08/13/2007

Judges

• Before:  COOK and McKEAGUE, Circuit Judges;  EDGAR, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Amy B. Cleary, Federal Public Defender's Office, Cleveland, Ohio, for Appellant.  Gary D. Arbeznik, Assistant United States Attorney, Cleveland, Ohio, for Appellee.   ON BRIEF:  Amy B. Cleary, Debra M. Hughes, Federal Public Defender's Office, Cleveland, Ohio, for Appellant.   Marilyn A. Cramer, Assistant United States Attorney, Cleveland, Ohio, for Appellee.