How have the courts considered prior convictions that may be used to enhance the sentence under Section 924(e)(1) of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from U.S. v. Alvarez, 960 F.2d 830 (9th Cir. 1991):

Appellant next contends that the district court erred in considering three prior convictions not listed in the indictment, and for which the government did not file written notice of intention to use prior to trial. We have discovered no law that would require the government to charge all felonies which might be used to enhance a sentence under 924(e)(1) in the indictment. To the contrary, at least one circuit has held that such a procedure could be prejudicial because the jury reads the indictment. See United States v. Gregg, 803 F.2d 568, 570 (10th Cir.1986), cert. denied, 480 U.S. 920, 107 S.Ct. 1379, 94 L.Ed.2d 693 (1987).

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