United States Seventh Circuit

District court's sentence of a defendant to a mandatory life imprisonment for drug and firearm offenses is affirmed where, although the government's enhancement notice may not be in compliance with 21 U.S.C. section 851(a)(1), as long as the defendant has actual notice of the intended use of a prior conviction to enhance his sentence, the statute has been substantially complied with.

Appellate Information

• Decided 10/14/2009
• Published 10/14/2009

Judges

• POSNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and POSNER and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Daniel L. Bella, Attorney, Donald J. Schmid, Attorney (argued), Office of the United States Attorney, South Bend, IN, for Plaintiff-Appellee., David P. Jones, Attorney, Nicholas T. Otis (argued), Newby, Lewis, Kaminski & Jones, LLP, LaPorte, IN, for Defendant-Appellant.