Does § 851 allow the United States to be excused from the notice requirement when it receives an unexpected and disfavorable result after trial?

QUESTION PRESENTED The plain language of 21 U.S.C. § 851 requires the United States to, “before trial,” file an “information” if it intends to seek enhanced statutory penalties under 21 U.S.C. § 801 et al. The Sixth Circuit has read an exception into this pretrial notice requirement in cases where the United States is “surprised” at trial by a jury verdict for a lesser included misdemeanor offense. Does § 851 allow the United States to be excused from the notice requirement when it receives an unexpected and disfavorable result after trial? li