Filed: May 30, 2019
Latest Update: May 30, 2019
Summary: ORDER MATTHEW W. BRANN , District Judge . AND NOW, this 30 th day of May 2019, IT IS HEREBY ORDERED that Defendant's "Motion to Strike Information Pursuant to 21 U.S.C. 851," November 30, 2018, ECF No. 128, is GRANTED in part and DENIED in part as follows: 1. In accordance with the Government's April 22, 2019 oral motion to withdraw the December 14, 2017 Information of Prior Conviction, this Information is deemed to be withdrawn and STRICKEN from the docket effective April 22, 20
Summary: ORDER MATTHEW W. BRANN , District Judge . AND NOW, this 30 th day of May 2019, IT IS HEREBY ORDERED that Defendant's "Motion to Strike Information Pursuant to 21 U.S.C. 851," November 30, 2018, ECF No. 128, is GRANTED in part and DENIED in part as follows: 1. In accordance with the Government's April 22, 2019 oral motion to withdraw the December 14, 2017 Information of Prior Conviction, this Information is deemed to be withdrawn and STRICKEN from the docket effective April 22, 201..
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ORDER
MATTHEW W. BRANN, District Judge.
AND NOW, this 30th day of May 2019, IT IS HEREBY ORDERED that Defendant's "Motion to Strike Information Pursuant to 21 U.S.C. § 851," November 30, 2018, ECF No. 128, is GRANTED in part and DENIED in part as follows:
1. In accordance with the Government's April 22, 2019 oral motion to withdraw the December 14, 2017 Information of Prior Conviction, this Information is deemed to be withdrawn and STRICKEN from the docket effective April 22, 2019.
2. Insofar as Crowder's motion is a motion to strike "CP-41-CR-0000074-2016, Count 2, Lycoming County Court of Common Pleas, arrest date 01/03/2016, disposition date 07/12/2016, no contest plea to 35 § Pa. C.S. §780-113 §§ (a)(30), Manufacturing, Delivery, or Possessing with the Intent to Deliver a Controlled Substance" from the June 26, 2018 Information to Establish Prior Conviction, the motion is GRANTED, and this conviction is STRICKEN as it does not qualify as a predicate offense under 21 U.S.C. § 851.
3. Insofar as Crowder's motion is a motion to strike "CP-41-CR-000968-2008, Count 1, Lycoming County Court of Common Pleas, arrest date 05/09/2008, disposition date 05/26/2009, guilty plea to 35 § Pa. C.S. 780-113 §§ (a)(30), Manufacturing, Delivery, or Possessing with the Intent to Deliver a Controlled Substance" from the June 26, 2018 Information to Establish Prior Conviction, the motion is DENIED as this conviction qualifies as a predicate offense under 21 U.S.C. § 851, and furthermore is not constitutionally violative.
