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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ALVIN PIERRIE BOUDREAU, Defendant-Appellant. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 99-81073—George C. Steeh, District Judge.
Argued: December 4, 2008
Decided and Filed: April 23, 2009
Before: CLAY and GIBBONS, Circuit Judges; STAMP, District Judge.
JULIA SMITH GIBBONS, Circuit Judge. Defendant Alvin Boudreau appeals from the 240-month mandatory minimum sentence the district court imposed upon remand from this court for resentencing in light of the Supreme Court’s decision in United States v. Booker, 543 U.S. 220 (2005). Boudreau asserts that the government improperly filed its information to enhance Boudreau’s sentence under 21 U.S.C. § 851(a) because of his two prior drug-offense convictions, rendering the enhancement inapplicable. We disagree and hold that under our well-established case law, the government’s filing of the information in open court coupled with personal service upon the defendant prior to trial satisfied the statutory requirements. Consequently, we affirm the judgment of the district court.