In a motion to amend the sentence of a convicted criminal to a maximum sentence under Section 851 of the Criminal Code, what is the difference between the convictions of two separate defendants?

episode, which (if true) might invalidate the information. The convictions were in fact separate, however, and Barker does not appear to have raised this argument at trial. Second, Barker argues that there was no procedurally valid 851 information filed after his mistrial. The 851 filing before his first trial was, however, sufficient to support the sentence enhancement. The subsequent filing after the retrial was irrelevant because the superseding indictment was materially indistinct from the original indictment and Barker had actual notice of the government's intent to enhance his sentence. See United States v. Mayfield, 418 F.3d 1017, 1019-20 (9th Cir. 2005).