(2) possession of marijuana in an amount less than 50 pounds but more that 5 pounds, entered on March 22, 2004, in Hunt District Court, Hunt County, Texas. Andres objects to the use of his two prior felony convictions to enhance his sentence because (1) notice of the government’s intent to use the felony convictions was not filed in an information, (2) the prior felonies were not initiated by indictments, and (3) the prior felonies occurred during the time frame of the conspiracy and therefore do not constitute separate prior felonies. a. Sufficiency of the notice of intent to rely on prior convictions to increase sentence The “Notice” in this case was not titled an information, but that does not render the notice inadequate. United States v. Forest, 355 F.3d 942, 957 (6th Cir.2004) (<HOLDING>). The notice fulfilled the requirements of §
holding tax foreclosure invalid without adequate notice recognizing that the applicant received notice from the plea form even though such notice was not required holding that absent a factual basis rendering it invalid an oral agreement to settle a title vii claim is enforceable against a plaintiff holding that a notice of deficiency was invalid where it was the second notice mailed for that year and the taxpayer timely petitioned the court as to the first notice holding that rendering a 851a1 notice invalid because it was not titled an information would put form over substance