Joseph D. Rouse v. United States
SocialSecurity Securities Immigration
Does the express language of 21 U.S.C. § 851 require prior written notice of the particular conviction the government seeks to use to enhance a mandatory minimum sentence
QUESTIONS PRESENTED Does the express language of 21 U.S.C. § 851 requiring prior written notice of the particular conviction the government seeks to use to enhance a mandatory minimum sentence grant the government an implicit right to change the particular conviction post-plea and without the defendant’s consent Is appellate review of the above question precluded by an appeal waiver which exclusively provides “the defendant retains the right to appeal a sentence imposed above the sentencing guideline range determined by the Court or above any mandatory minimum sentence deemed applicable by the Court, whichever is greater” ii