(a) Information
filed by United States Attorney
(1) No person who stands convicted
of an offense under this part shall
be sentenced to increased punishment by reason of one or more prior
convictions, unless before trial, or before entry of a plea of
guilty, the United States attorney files an information with the court
(and serves a copy of such information on the person or counsel
for the person) stating in writing the previous convictions to
be relied upon. Upon a showing by the United States attorney that
facts regarding prior convictions could not with due diligence be
obtained prior to trial or before entry of a plea of guilty, the court
may postpone the trial or the taking of the plea of guilty for
a reasonable period for the purpose of obtaining such facts.
Clerical mistakes in the information
may be amended at any time prior
to the pronouncement of sentence.
(2) An information may not be
filed under this section if the increased punishment which may be imposed
is imprisonment for a term in excess of three years unless the person either
waived or was afforded prosecution by indictment for the offense for which
such increased punishment may be imposed.
(b) Affirmation
or denial of previous conviction
If the United States attorney
files an information under this section,
the court shall after conviction but before pronouncement of
sentence inquire of the person with respect to whom the information
was filed whether he affirms or denies that he has been previously
convicted as alleged in the information, and shall inform
him that any challenge to a prior conviction which is not made
before sentence is imposed may not thereafter be raised to attack
the sentence.
(c) Denial; written
response; hearing
(1) If the person denies any
allegation of the information of prior conviction, or claims that any conviction
alleged is invalid, he shall file a written response to the information.
A copy of the response shall be served upon the United States attorney.
The court shall hold a hearing to determine any issues raised by the response
which would except the person from increased punishment. The failure of
the United States attorney to include in the information the complete criminal
record of the person or any facts in addition to the convictions to be relied
upon shall not constitute grounds for invalidating the notice given in the
information required by subsection (a)(1) of this section. The hearing shall
be before the court without a jury and either party may introduce evidence.
Except as otherwise provided in paragraph (2) of this subsection, the United
States attorney shall have the burden of proof beyond a reasonable doubt
on any issue of fact. At the request of either party, the court shall enter
findings of fact and conclusions of law.
(2) A person claiming that a conviction
alleged in the information was obtained in violation of the Constitution
of the United States shall
set forth his claim, and the factual basis therefor,
with particularity in his response to the information. The
person shall have the burden of proof by a preponderance of the evidence
on any issue of fact raised by the response. Any challenge
to a prior conviction, not raised by response to the information
before an increased sentence is imposed in reliance thereon,
shall be waived unless good cause be shown for failure to make
a timely challenge.
(d) Imposition of
sentence
(1) If the person files no response
to the information, or if the court
determines, after hearing, that the person is subject to increased
punishment by reason of prior convictions, the court shall
proceed to impose sentence upon him as provided by this part.
(2) If the court determines that
the person has not been convicted
as alleged in the information, that a conviction alleged in
the information is invalid, or that the person is otherwise not subject
to an increased sentence as a matter of law, the court shall,
at the request of the United States attorney, postpone sentence
to allow an appeal from that determination. If no such request
is made, the court shall impose sentence as provided by this
part. The person may appeal from an order postponing sentence as
if sentence had been pronounced and a final judgment of conviction
entered.
(e) Statute of limitations
No person who stands convicted of
an offense under this part may challenge
the validity of any prior conviction alleged under this section
which occurred more than five years before the date of the information
alleging such prior conviction.
(Pub. L. 91-513, title II, Sec.
411, Oct. 27, 1970, 84 Stat. 1269.)