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United States of America v. Leonard Jones

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Before Torruella, Circuit Judge, Souter, *fn1 Associate Justice, and Boudin, Circuit Judge.

Leonard Jones was convicted of conspiring to possess with intent to distribute cocaine, cocaine base and ecstasy, 21 U.S.C. §§ 841(a), 846 (2006). Due to his prior state drug possession convictions, Jones was sentenced to life in prison under statutorily enhanced penalty provisions. Id. § 841(b)(1)(A). He appeals both his conviction and his sentence, raising myriad procedural and constitutional claims.

Jones was indicted in May 2009 for the conspiracy offense. On April 12, 2010, the day of opening arguments in Jones’ trial before an empaneled jury, the government filed a notice, pursuant to 21 U.S.C. § 851, seeking enhanced penalties due to the prior drug convictions. Although notice is ordinarily due before jury selection, Prou v. United States, 199 F.3d 37, 48 (1st Cir. 1999), the requisite timing here was affected by earlier plea negotiations discussed later in the decision.

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