MEMORANDUM OPINION AND ORDER
ROSEN, District Judge.
This matter is before the Court on the Motion of Defendant Wisam "Sammy" Petros for an order declaring his prior state controlled substance plea taken under M.C.L. § 333.7411, the Michigan "First Offender Statute", invalid for purposes of the enhanced penalty provisions of 21 U.S.C. § 841. Both the Defendant and the Government have filed briefs on this issue, which the Court has read.
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