United States Ninth Circuit

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US v. Rodriguez, 15-50096

Sentence and conviction of three drug-related charges are: 1) affirmed as to conviction; but 2) vacated as to sentence where the district court failed to comply with 21 U.S.C. section 851(b) when it did not ask the defendant if he affirmed or denied the prior convictions and did not inform him that he had to raise any challenge to a prior conviction before the sentence was imposed, and the error was not harmless

Appellate Information

  • Decided
  • Published 2017/03/14




  • United States Ninth Circuit