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U.S. v. LUNA

No. CR-90-0392 EFL.

768 F.Supp. 705 (1991)

UNITED STATES of America, Plaintiff, v. Clemente LUNA, Defendant.

United States District Court, N.D. California.

July 11, 1991.

Attorney(s) appearing for the Case

Sandra L. Teters and Laurie K. Gray, Asst. U.S. Attys., San Francisco, Cal., for plaintiff.

J. Tony Serra, San Francisco, Cal., for defendant.

MEMORANDUM OPINION

LYNCH, District Judge.

I. INTRODUCTION

In this memorandum opinion the Court addresses the issue of who bears the burden of proof when a defendant convicted of an offense involving greater than five kilograms of cocaine and facing enhanced punishment pursuant to Title 21 U.S.C. section 841(b)(1)(A) on account of prior convictions challenges one of the prior convictions on grounds that he was convicted pursuant to a plea of guilty...

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