
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC851]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
                     Part D--Offenses and Penalties
 
Sec. 851. Proceedings to establish prior convictions


(a) Information filed by United States Attorney

    (1) No person who stands convicted of an offense under this part 
shall be sentenced to increased punishment by reason of one or more 
prior convictions, unless before trial, or before entry of a plea of 
guilty, the United States attorney files an information with the court 
(and serves a copy of such information on the person or counsel for the 
person) stating in writing the previous convictions to be relied upon. 
Upon a showing by the United States attorney that facts regarding prior 
convictions could not with due diligence be obtained prior to trial or 
before entry of a plea of guilty, the court may postpone the trial or 
the taking of the plea of guilty for a reasonable period for the purpose 
of obtaining such facts. Clerical mistakes in the information may be 
amended at any time prior to the pronouncement of sentence.
    (2) 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 
prosecution by indictment for the offense for which such increased 
punishment may be imposed.

(b) Affirmation or denial of previous conviction

    If the United States attorney files an information under this 
section, the court shall after conviction but before pronouncement of 
sentence inquire of the person with respect to whom the information was 
filed whether he affirms or denies that he has been previously convicted 
as alleged in the information, and shall inform him that any challenge 
to a prior conviction which is not made before sentence is imposed may 
not thereafter be raised to attack the sentence.

(c) Denial; written response; hearing

    (1) If the person denies any allegation of the information of prior 
conviction, or claims that any conviction alleged is invalid, he shall 
file a written response to the information. A copy of the response shall 
be served upon the United States attorney. The court shall hold a 
hearing to determine any issues raised by the response which would 
except the person from increased punishment. The failure of the United 
States attorney to include in the information the complete criminal 
record of the person or any facts in addition to the convictions to be 
relied upon shall not constitute grounds for invalidating the notice 
given in the information required by subsection (a)(1) of this section. 
The hearing shall be before the court without a jury and either party 
may introduce evidence. Except as otherwise provided in paragraph (2) of 
this subsection, the United States attorney shall have the burden of 
proof beyond a reasonable doubt on any issue of fact. At the request of 
either party, the court shall enter findings of fact and conclusions of 
law.
    (2) A person claiming that a conviction alleged in the information 
was obtained in violation of the Constitution of the United States shall 
set forth his claim, and the factual basis therefor, with particularity 
in his response to the information. The person shall have the burden of 
proof by a preponderance of the evidence on any issue of fact raised by 
the response. Any challenge to a prior conviction, not raised by 
response to the information before an increased sentence is imposed in 
reliance thereon, shall be waived unless good cause be shown for failure 
to make a timely challenge.

(d) Imposition of sentence

    (1) If the person files no response to the information, or if the 
court determines, after hearing, that the person is subject to increased 
punishment by reason of prior convictions, the court shall proceed to 
impose sentence upon him as provided by this part.
    (2) If the court determines that the person has not been convicted 
as alleged in the information, that a conviction alleged in the 
information is invalid, or that the person is otherwise not subject to 
an increased sentence as a matter of law, the court shall, at the 
request of the United States attorney, postpone sentence to allow an 
appeal from that determination. If no such request is made, the court 
shall impose sentence as provided by this part. The person may appeal 
from an order postponing sentence as if sentence had been pronounced and 
a final judgment of conviction entered.

(e) Statute of limitations

    No person who stands convicted of an offense under this part may 
challenge the validity of any prior conviction alleged under this 
section which occurred more than five years before the date of the 
information alleging such prior conviction.

(Pub. L. 91-513, title II, Sec. 411, Oct. 27, 1970, 84 Stat. 1269.)

                  Section Referred to in Other Sections

    This section is referred to in section 962 of this title; title 18 
section 3559.
