United States v. Cortez Cooper

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, “where the Government files a timely Section 851 notice, it is not required to file a second notice after an intervening event, such as a trial or a superseding indictment, in the same case”
• finding no prosecutorial vindictiveness where the prosecutor filed a section 851 enhancement information during the time it was trying to induce the defendant to plead guilty
• analyzing a vindictive prosecution claim concerning the government’s decision to file a superseding indictment after an initial sentencing hearing under the rubric of pretrial decisions
• “Notwithstand- ing the new sentencing regime under Booker, sentencing courts must still comply with the statutory minimum penalty.”
• the “presumption of vindictiveness does not apply to pretrial decisions by the prosecution”
• “The two purposes of the Section 851 notice provision are: (1) to allow the defendant to contest the accuracy of the prior conviction . . . and (2) to ensure the defendant has full knowledge of a potential guilty verdict.”

Source: CourtListener parenthetical corpus (CC0).