Moreno v. United States Drug Enforcement Administration

How later courts describe this case

• holding that, because statutory wording mandatory, court could not excuse failure to file information even though defendant agreed prior to trial that enhanced penalty applied
• where § 851(e) bars challenge to prior conviction, failure to comply with warning requirement of § 851(b) does not require remand
• ‘We find nothing unconstitutional in Congress’ allocation of the burdens of proof in forfeiture eases.”
• service timely because made “prior to the selection of the trial jury”
• Detail and specificity of [DEA agent’s] affidavit establishing probable cause, viewed in the light of [claimant’s] express declination to present evidence challenging the Government’s evidence of probable cause, warranted grant of summary judgment in favor of Government