The following excerpt is from U.S. v. Ortiz, 143 F.3d 728, 1998 WL 228126 (2nd Cir. 1998):
Relying on our recent holding in United States v. Collado, 106 F.3d 1097 (2d Cir.1997), Nieves contends that the mandatory minimum sentence provision did not apply to him because his prior conviction was not prosecuted by indictment.
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