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United States v. Gonzalez

Appellant appeals the enhancement of his sentences under 21 U.S.C. �841(b)(1)(A), which resulted in concurrent mandatory terms of life imprisonment. His sole contention on appeal is that the government failed to prove beyond a reasonable doubt that he was the subject of a 1988 drug conviction used to enhance his sentence, as required under 21 U.S.C. �851(c)(1). Because the government did offer proof sufficient to meet the standard of beyond a reasonable doubt, the district court's sentence is affirmed. 5th U.S. Circuit Court of Appeals, No. 09-40125, 11-2-2010

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Published opinion

Before KING, GARWOOD, and DAVIS, Circuit Judges.

Defendant-appellant Ramon Gonzalez appeals the enhancement of his sentences under 21 U.S.C. § 841(b)(1)(A) that resulted in concurrent mandatory terms of life imprisonment. Gonzalez’s sole contention on appeal is that the Government failed to prove beyond a reasonable doubt that he was the subject of a 1988 drug conviction used to enhance his sentence, as required under 21 U.S.C. § 851(c)(1). Because we find that the Government did offer proof sufficient to meet the standard of beyond a reasonable doubt, we affirm.

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