United States v. Kole
United States Court of Appeals for the Third Circuit
164 F.3d 164 (1998)
- Written by Rich Walter, JD
Facts
A federal district court convicted Agnes Kole (defendant) for violating 18 U.S.C. 851, a statute enacted to suppress the international trade in illegal narcotics. The district court applied the enhanced-sentencing provisions of 21 U.S.C. § 960 to increase Kole’s prison sentence by 20 years based on Kole’s prior drug conviction by a Philippine court. On appeal to the Third Circuit, Kole claimed that the Philippine court denied Kole’s right to a jury trial and that Kole’s Philippine lawyer had a conflict of interest that effectively denied Kole’s right to counsel. Kole pointed out that both rights were guaranteed by the Sixth Amendment and that § 851 expressly barred consideration of any prior conviction obtained in violation of a defendant’s constitutional rights.
Rule of Law
Issue
Holding and Reasoning (McKee, J.)
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