U.S. v. Lynch, No. 98-1029 (3rd Cir.) (158 F.3d 195) (October 15, 1998) (Judge Leonard I. Garth)
At issue in this case was the language from ยง 851(a)(2) which states in part: "An information may not be filed under this section if the increased punishment which may be imposed is imprisonment for a term in excess of three years unless the person either waived or was afforded ...
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