U.S. v. Lewis

Dist. Ct. did not commit clear error in sentencing defendant to mandatory minimum sentence of 20 years on drug distribution charge even though govt. had failed to file information pursuant to 21 USC section 851, which would have given defendant formal notice of its intent to seek instant enhanced penalty based upon defendant's criminal history and drug quantity established during trial. Defendant failed to show any prejudice due to lack of formal notice where defendant was aware prior to trial of his prior conviction, and where Dist. Ct. had advised defendant at arraignment of enhanced penalty he faced as result of his prior conviction.