What is a 851(B) motion under the federal guideline?

Asked over 4 years ago - Herrin, IL

And can they really double your mandatory minimum from 10-20 years for a prior simple possession? or can it only be enhanced if the prior was an intent to deliver?

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . This is a motion of the government to enhance defendant's mandatory minimum sentence pursuant to Section 841(b)(1)(A), which permits enhancement (up to 20 years) when the defendant has been convicted of a prior felony drug offense. Get a criminal defense lawyer on this right away! Be aware, and note well, that Section 851 requires that certain procedural conditions be met before enhancing a sentence, including the requirement that the judge inform the defendant that he may challenge the prior conviction for sentencing purposes and that, if he chooses not to challenge the prior conviction before a sentence is imposed, he may not thereafter raise such a challenge.

    Unless you act the correct way, your defense to make a challenge about the prior conviction can be lost.

    You have rights but you must move quickly WITH A CRIMINAL DEFENSE LAWYER, to preserve your rights.

    You might find my Legal Guide helpful " What Do I Tell My Lawyer?"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    Online we cannot know what the other details are going on in your case because online we cannot find out those details. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

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