Sperow

I. Background

Gregory Sperow was indicted in February 1996 on one count of possession of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) & 846. Sperow was ulti- mately arrested in California in May 2004, and proceedings on the indictment began in July 2004. The district court denied Sperow’s timely pre-trial motion to dismiss his indict- ment due to a violation of his Sixth Amendment right to a speedy trial.

On August 12, 2004, the government filed a Notice of Fil- ing of Enhanced Punishment Notice Pursuant to 21 U.S.C. §§ 851 and 841(b)(1)(B)(vii). This notice stated that the gov- ernment sought an enhanced mandatory minimum sentence “since this offense involves more than 100 kilograms of mari- huana and because defendant has a prior conviction in United States District Court for the Southern District of California.” The government attached a copy of the judgment in Sperow’s previous conviction to the notice. In June 2005, the govern- ment determined that the marijuana involved in the offense weighed 98.5 kilograms, not over 100 kilograms as previously asserted. The government therefore filed a motion stating that it “hereby moves to strike the…