What are the requirements of a federal district court under section 851(b) of the Criminal Code to notify a defendant of their prior conviction before sentencing?

MultiRegion, United States of America

The following excerpt is from United States v. Ocampo-Estrada, 868 F.3d 1101 (9th Cir. 2017):

Then after conviction but before imposing the sentence, the district court "shall ... inquire of the [offender] ... whether he affirms or denies [the prior conviction] ..., and shall inform him that any challenge to a prior conviction" is waived if not made before sentencing. Id. 851(b) (emphasis added). "We require strict compliance with the procedural aspects of section 851(b). The 851(b) colloquy is not merely a procedural requirement. It serves a functional purpose to place the procedural onus on the district court to ensure defendants are fully aware of their rights." United States v. Rodriguez, 851 F.3d 931, 946 (9th Cir. 2017) (internal quotation marks and citation omitted).

Other Questions


Does the 9th Circuit have jurisdiction to hear a claim that a federal district court abused its discretion by sentencing a convicted criminal to a reduced sentence based on his criminal conviction? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his sentence? (MultiRegion, United States of America)
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? (MultiRegion, United States of America)
Can a sentencing court enhance the sentence of a defendant convicted of a drug offence under section 841(a) on the basis of a prior felony drug conviction? (MultiRegion, United States of America)
What is the test for a federal court to grant relief to a convicted criminal defendant who has been convicted and sentenced in a federal civil case? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Does a life sentence under 21.1(a)(1) of the 21.41(b) section of the Criminal Code apply to a defendant's prior criminal convictions? (MultiRegion, United States of America)
Can a federal district court impose a sentence that is substantially below the statutory minimum for a convicted criminal under the Criminal Code? (MultiRegion, United States of America)
Is a federal district court's imposition of consecutive sentences for a defendant who pleaded guilty to a charge of aggravated assault violate the federal sentencing code of conduct? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.