01-2864 U.S. v. Williams

Listen to this article

“In order to enhance a defendant’s sentence due to prior convictions, the government must timely file an information under 21 U.S.C. § 851(a) describing the bases for the enhancement. Post-conviction but prior to sentencing, the district court is then required to ask the defendant whether he affirms or denies the previous convictions. See 21 U.S.C. § 851(b). Williams contends that because the district court failed to ask him at sentencing whether he affirmed or denied his previous convictions in accordance with 21 U.S.C. § 851(b), it was error for the court to sentence him to life due to his previous convictions. The government concedes that the district court failed to comply with § 851(b) but imposed a life sentence nevertheless. The government, however, contends that any error by the district court was harmless.

“[T]he record establishes that the government’s pretrial information informed Williams of the likelihood of the enhancement and that the PSR explicitly disclosed the bases for the enhancement. Moreover, Williams did not challenge the prior convictions at sentencing even when the government raised the issue. Further, Williams failed to comply with § 851(c), which provides the procedures for challenging prior convictions used for enhancement purposes. Thus, we must conclude that Williams had knowledge of the enhancement as well as repeated opportunity to object to the government’s use of his prior convictions in the enhancement. Therefore, any error resulting from the district court’s failure to comply with the procedures of § 851(b) was harmless error.”

Affirmed.

Appeal from the United States District Court for the Southern District of Illinois, Gilbert, J., Kanne, J.