United States v. Dale Anthony Stephens

Is a federal drug law offender entitled to an evidentiary hearing during sentencing to challenge the constitutionality of a prior conviction used to enhance the sentence?

I

Dale Stephens was arrested at his residence on July 16, 1992 by agents of the Bureau of Alcohol, Tobacco and Firearms who had acted on a tip from an informant that Stephens was selling cocaine.

On July 31, 1992, the government filed a three-count indictment against Stephens, charging him with possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) (count I), use and possession of a firearm in relation to a narcotics offense in violation of 18 U.S.C. § 924 (c)(1) (count II), and (3) being a felon in possession of a firearm in violation of 18 U.S.C. § 924 (g)(1) (count III). On August 20, 1992, the government filed an Information notifying Stephens that it intended to use a prior April 12, 1991 state court narcotics conviction to enhance his sentence under count I. Stephens had pled guilty in that prior conviction.

Stephens pled guilty to counts I and II on November 3, 1992 pursuant to a plea agreement. Stephens never filed a response to the government’s Information.

In…