In U.S. v. James, No 10-10399 (June 9, 2011), the Court rejected a challenge to a “reasonable doubt” instruction where defense counsel had “invited” the error by submitting the very instruction he now challenged. Moreover, the trial court’s instruction that reasonable doubt need not exclude all “possible” doubt was consistent with the Eleventh Circuit pattern jury instructions.
The Court also rejected James’ challenge to the failure to comply with the procedures of 21 U.S.C. § 851(b), which require the district court to specifically ask the defendant whether he affirmed or denied the past convictions on which the government relied to enhance his sentence.
The Court recognized dicta in prior cases suggesting that “substantial compliance” with § 851(b) was insufficient. However, the Court found that these precedents were not binding, and other caselaw indicated that an omission can be harmless.
James had notice of the government’s intent to rely on the prior convictions. James never objected to the PSI’s descriptions of his prior convictions or to the enhancement of his sentence based on those convictions. Moreover, the district court at sentencing discussed the prior convictions with James and his counsel and gave them ample opportunity to object. Any error, therefore, was harmless.
