U.S. v. Foster, No. 94-7258 (4th Cir.) (68 F.3d 86) (October 31, 1995) (Judge J. Michael Luttig)
A defendant was sentenced as a career offender under § 4B1.1 after he was convicted of violating 21 U.S.C. §841(a)(1). He argued that the enhancement was improper because the Government failed to comply with the provisions of 21 U.S.C. § 851(a)(1) which requires the Government to file a notice "before …
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