The government’s failure to docket a defendant’s prior felony conviction does not deprive a court of jurisdiction to impose an enhanced sentence, the 2nd U.S. Circuit Court of Appeals has ruled.
Addressing a case of first impression in the circuit, the court said the failure to file a prior felony drug conviction required under a federal statute did not strip the sentencing court of “power” to hear the case. Having made that determination, the circuit rejected defendant’s claim as procedurally barred.
