United States v. Dennis Keith McChristian United States of America v. John Berry Ingram

Opinion by Judge WIGGINS; Partial Dissent by Judge HALL.

OPINION

Dennis Keith McChristian and John Berry Ingram were convicted of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute that drug, and aiding and abetting. They appeal from several of the district court’s trial and sentencing rulings. 1

*1502 DISCUSSION

A. Prior Conviction

Ingram was convicted in 1982 in state court. The district court, relying on this prior conviction, sentenced Ingram to life without parole pursuant to 21 U.S.C. § 841 (b). Ingram attempted to challenge the constitutionality of the 1982 conviction on the ground that his guilty plea was not knowing and voluntary. Ingram also tried to show that, after he had been indicted in federal court on the current charge, a state trial court had held the 1982 conviction invalid. The district court rejected Ingram’s arguments, relying on 21 U.S.C. § 851 (e), which provides that the validity of a prior conviction that “occurred more than five years before the date of the information alleging such prior conviction” cannot be challenged.

Ingram argues that 21 U.S.C. § 851 (e) is unconstitutional. This argument…

dissenting in part in United States v. Ingram, No. 92-10704:

I join in all but Part A of the majority opinion. I believe that Part A misconstrues *1509 an unambiguous statutory provision. I therefore respectfully dissent from the disposition vacating Ingram’s sentence.

The majority holds that the prohibition in 21 U.S.C. § 851 (e) against collateral attacks on prior convictions that are more than five years old does not preclude Ingram from showing that his 1982 conviction had been vacated at the time of his federal sentencing, ten years later. I believe, however, that § 851(e) does in fact bar Ingram’s challenge and that his sentence should be affirmed.

Ingram was convicted of conspiracy to distribute methamphetamine, 21 U.S.C. § 846 , and possessing the same drug with intent to distribute, 21 U.S.C. § 841 (a)(1). Based upon his prior convictions, Ingram was sentenced to life without parole under the enhanced sentencing provision of 21 U.S.C. § 841 (b). He claims that the district court erred in refusing to entertain a collateral challenge to one of his prior convictions.

One of the convictions alleged by the government and relied upon by the district court in sentencing…

47 F.3d 1499 UNITED STATES of America, Plaintiff-Appellee, v. Dennis Keith McCHRISTIAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John Berry INGRAM, Defendant-Appellant. Nos. 92-10644, 92-10704. United States Court of Appeals, Ninth Circuit. Submitted Aug. 10, 1994. * Decided Jan. 18, 1995. David R. Mugridge, Fresno, CA, for defendant-appellant McChristian. Thomas J. Richardson, Fresno, CA, for defendant-appellant Ingram. William S. Wong, Asst. U.S. Atty., Fresno, CA, for plaintiff-appellee. Appeals from the United States District Court for the Eastern District of California. Before: FLETCHER, HALL and WIGGINS, Circuit Judges. Opinion by Judge WIGGINS; Partial Dissent by Judge HALL. OPINION WIGGINS, Circuit Judge: 1 Dennis Keith McChristian and John Berry Ingram were convicted of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute that drug, and aiding and abetting. They appeal from several of the district court's trial and sentencing rulings. 1 DISCUSSION A. Prior Conviction 2 Ingram was convicted in 1982 in state court. The district court, relying on this prior conviction, sentenced Ingram to life…