Mayfield

I. BACKGROUND

On March 25, 1997, an indictment was filed in the Central District of California charging Jerry Wayne Mayfield and Manyale D. Gilbert with possession with the intent to distrib- ute 552.8 grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1). On April 19, 1997, Mayfield and Gilbert entered pleas of not guilty. On July 18, 1997, the government filed an information pursuant to 21 U.S.C. § 851(a) “Establishing [a] Prior Felony Narcotics Conviction” as to Mayfield. Beginning September 23, 1997, Mayfield and Gilbert were tried jointly on the charge set forth in the indictment. After four days of trial, the jury returned a verdict of guilty as to both defen- UNITED STATES v. MAYFIELD 10361 dants. The district court sentenced Mayfield to 360 months in prison.

Mayfield appealed his conviction. We held that the district court abused its discretion by failing to sever his trial from Gilbert’s trial, and by not employing alternative means of mit- igating the risk of prejudice. United States v. Mayfield, 189 F.3d 895 (9th Cir. 1999). We reversed Mayfield’s conviction and remanded for a new trial. Upon remand, Mayfield was individually retried on the…