United States v. Warren Lonnell Harris

Harris was convicted for conspiring to smuggle, sell and conceal narcotics and for using telephone facilities for narcotics crimes. He appeals from the denial of his motion to correct an illegal sentence.

At the sentencing hearing, the government filed an information as required by the enhancement statute, 26 U.S.C. § 7237 , stating that Harris’ conviction constituted a subsequent offense. Upon the court’s inquiry, Harris’ attorney admitted the prior conviction charged in the information. Harris was silent. He was given a 13-year sentence and his conviction was affirmed. United States v. Valdivia, 492 F.2d 199 (9th Cir. 1973), cert. denied, 416 U.S. 940 , 94 S.Ct. 1945 , 40 L.Ed.2d 292 (1974).

Harris argues that this court should remand for resentencing because: (1) the enhancement statute required that Harris himself, rather than his attorney, admit his prior conviction; and (2) the enhancement statute is unconstitutional because it does not permit a defendant to show that a prior conviction that is the basis for the enhanced sentence is invalid under Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963).

We hold that the district court complied with the…