United States v. William J. Johnson, 973 F.2d 857 (10th Cir. 1992). · Go Syfert
United States v. William J. Johnson, 973 F.2d 857 (10th Cir. 1992). Cases Citing This Book View Copy Cite
79 citation events (38 in the last 25 years) across 10 distinct courts.
Strongest positive: United States v. Mendez-Munoz (ca10, 2014-10-17)
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Top citers, strongest first. 49 distinct citers.
discussed Cited as authority (rule) United States v. Mendez-Munoz
10th Cir. · 2014 · confidence medium
Cal.Penal Code § 288(c)(1); see Simpson, 94 F.3d at 1381 (“[A] certified docket sheet is adequate, absent some contradictory evidence by the defendant, to establish the existence of a prior conviction for sentencing purposes.”); United States v. Johnson, 973 F.2d 857, 861 (10th Cir.1992) (certified copies of “journal entry revoking defendant’s probation” based on a previous conviction is sufficient to prove prior conviction absent contrary proof); see also Zuniga-Chavez, 464 F.3d at 1204 (collecting unpublished decisions in which uncertified documents were deemed sufficient to suppo…
discussed Cited as authority (rule) United States v. Alfonso Martinez-Cruz (2×)
D.C. Cir. · 2013 · confidence medium
See, e.g., United States v. Gray, 177 F.3d 86 , 88- 91 (1st Cir. 1999); United States v. Davenport, 884 F.2d 121, 122-24 (4th Cir. 1989); United States v. Osborne, 68 F.3d 94, 100-01 (5th Cir. 1995); United States v. Hoffman, 982 F.2d 187, 191 (6th Cir. 1992); United States v. Gallman, 907 F.2d 639, 642-44 (7th Cir. 1990); United States v. Stapleton, 316 F.3d 754, 756 (8th Cir. 2003); United States v. Dominguez, 316 F.3d 1054, 1056-57 (9th Cir. 2003); United States v. Johnson, 973 F.2d 857, 862 (10th Cir. 1992); United States v. Ruo, 943 F.2d 1274, 1275-76 (11th Cir. 1991).
discussed Cited as authority (rule) United States v. Jones
10th Cir. · 2013 · confidence medium
See, e.g., United States v. Gurule, 461 F.3d 1238, 1246 (10th Cir.2006) (“Congress has the power ... to determine punishments, and in the exercise of that power Congress may choose to give the judicial branch no sentencing discretion whatsoever.”); United States v. Johnson, 973 F.2d 857, 860 (10th Cir.1992) (holding that § 924(e)(1) “does not require government action to trigger its application nor does it vest discretion in the sentencing court not to apply its mandate”); see also United States v. Nolan, 342 Fed.Appx. 368, 371 (10th Cir.2009) (holding that “[t]he court’s applicat…
discussed Cited as authority (rule) United States v. Spencer
10th Cir. · 2010 · confidence medium
We review a sentencing court’s factual determinations under a clearly erroneous standard.” United States v. Johnson, 973 F.2d 857, 859 (10th Cir.1992) (quotations and citations omitted). ‘Where the Government obtains a guilty plea which is predicated in any significant degree on a promise or agreement with the U.S. Attorney, such promise or agreement must be fulfilled to maintain the integrity of the plea.” United States v. Stemm, 847 F.2d 636, 637 (10th Cir.1988).
discussed Cited as authority (rule) United States v. Cain
10th Cir. · 2009 · confidence medium
Section 924(e)(1) states that a defendant meeting the requirements of the subsection ‘shall be ... imprisoned not less than fifteen years.’ ” United States v. Johnson, 973 F.2d 857, 860 (10th Cir.1992).
discussed Cited as authority (rule) United States v. Cain
10th Cir. · 2009 · confidence medium
Section 924(e)(1) states that a defendant meeting the requirements of the subsection ‘shall be . . . imprisoned not less than fifteen years.’” United States v. Johnson, 973 F.2d 857, 860 (10th Cir. 1992).
discussed Cited as authority (rule) United States v. Coblentz
10th Cir. · 2008 · confidence medium
The statute does not require government action to trigger its application nor does it vest discretion in the sentencing court not to apply its mandate.” United States v. Johnson, 973 F.2d 857, 860 (10th Cir.1992).
discussed Cited as authority (rule) Zanuccoli v. United States
D. Mass. · 2006 · confidence medium
See, e.g., United States v. Gibson, 64 F.3d 617, 625-26 (11th Cir.1995) (finding no due process violation where defendant had reasonable notice of his prior convictions and knowledge that the sentencing enhancement applied); United States v. Johnson, 973 F.2d 857, 861 (10th Cir.1992) (concluding that defendant did not suffer any prejudice by an erroneous reference to a shorter sentence in the plea agreement because defendant was fully informed of the application of the enhancement prior to his sentence and could have withdrawn his guilty plea).
discussed Cited as authority (rule) United States v. Marlene Martinez-Jimenez
10th Cir. · 2006 · confidence medium
See United States v. Zuniga-Chavez, No. 04-2293, slip op. at 13, 2006 WL 2753852 , 464 F.3d 1199, 1205 (10th Cir. Sept. 27, 2006) (“Because Defendant did not argue that any persuasive contradictory evidence tended to show that he was not convicted of the crimes used to enhance his sentence, we conclude that the government has met its burden of showing the prior convictions by a preponderance of the evidence.”); Simpson, 94 F.3d at 1381 (“We believe that a certified docket sheet is adequate, absent some contradictory evidence by the defendant, to establish the existence of a prior convict…
discussed Cited as authority (rule) United States v. Martinez-Jiminez
10th Cir. · 2006 · confidence medium
M artinez-Jimenez’s aliases, and she has never argued that it is not actually a name she has used. - 15 - government has met its burden of showing the prior convictions by a preponderance of the evidence.”); Simpson, 94 F.3d at 1381 (“W e believe that a certified docket sheet is adequate, absent some contradictory evidence by the defendant, to establish the existence of a prior conviction for [purposes of enhancing a sentence under the Guidelines.]” (emphasis added); United States v. Johnson, 973 F.2d 857, 861 (10th Cir. 1992) (allowing use of “certified copies of journal entries ind…
discussed Cited as authority (rule) United States v. Zuniga-Chavez
10th Cir. · 2006 · confidence medium
Similarly, in United States v. Johnson, we addressed a defendant’s claim that there was not sufficient evidence to establish one of his three prior felony convictions. 973 F.2d 857, 861 (10th Cir.1992).
cited Cited as authority (rule) United States v. Krejcarek
10th Cir. · 2006 · confidence medium
United States v. Windle, 74 F.3d 997, 1001 (10th Cir.) (citing United States v. Johnson, 973 F.2d 857, 862 (10th Cir.1992)), cert. denied, 517 U.S. 1115 , 116 S.Ct. 1342 , 134 L.Ed.2d 491 (1996).
discussed Cited as authority (rule) United States v. A.
10th Cir. · 2006 · signal: cf. · confidence medium
In Cooper, then, the district court properly imposed a sentenced based upon the defendant's prior convictions, because the defendant failed to assert his own testimony or other evidence indicating that the prior convictions were not his. 13 See id.; see also United States v. Oberle, 136 F.3d 1414, 1424 (10th Cir. 1998) (holding Government's introducing "certified copies of Oberle's four previous convictions" was sufficient for government to meet its burden under 18 U.S.C. § 3559 of proving those prior convictions by a preponderance of the evidence, where "Oberle offered no evidence to contrad…
discussed Cited as authority (rule) United States v. David A.
10th Cir. · 2006 · signal: cf. · confidence medium
In Cooper, then, the district court properly imposed a sentenced based upon the defendant’s prior convictions, because the defendant failed to assert his own testimony or other evidence indicating that the prior convictions were not his. 13 See id.; see also United States v. Oberle, 136 F.3d 1414, 1424 (10th Cir. 1998) (holding Government’s introducing “certified copies of Oberle’s four previous convictions” was sufficient for government to meet its burden under 18 U.S.C. § 3559 of proving those prior convictions by a preponderance of the evidence, where “Ob-erle offered no eviden…
discussed Cited as authority (rule) United States v. Moyer (2×) also: Cited "see"
10th Cir. · 2002 · confidence medium
In United, States v. Johnson, this court concluded that the application of § 924(e)(1) is mandatory and “does not require government action to trigger its application nor does it vest discretion in the sentencing court not to apply its mandate.” 973 F.2d 857, 860 (10th Cir.1992).
discussed Cited as authority (rule) United States v. Martinez
10th Cir. · 2002 · confidence medium
In fact, under United States v. Johnson, 973 F.2d 857, 860 (10th Cir.1992), we noted that the district court must invoke a § 924(e)(1) enhancement if it comes to the court’s attention that the defendant meets the requirements of the subsection.
discussed Cited as authority (rule) United States v. Chavarria
10th Cir. · 2000 · signal: cf. · confidence medium
See United States v. Simpson, 94 F.3d 1373, 1381 (10th Cir. 1996) (holding that “a certified docket sheet is adequate, absent some contradictory evidence by the defendant, to establish the existence of a prior conviction for” purposes of calculating criminal history under the Sentencing Guidelines); cf. United States v. Johnson, 973 F.2d 857, 861-62 (10th Cir. 1992) (holding that a prior conviction was proven for purposes of 18 -4- U.S.C. § 924(e) by a collateral source—a journal entry of a subsequent probation revocation order referencing the prior conviction).
discussed Cited as authority (rule) United States v. Coleman
4th Cir. · 1999 · confidence medium
Indeed, in United States v. Johnson, 973 F.2d 857, 860 (10th Cir. 1992), the Tenth Circuit, noting the compulsory"shall" used in § 924(e)(1), stated that if it comes to the court's attention that the defendant meets the requirements of the subsection,"[t]he sentencing court may invoke the enhancement sua sponte without a request by the government." Id.
discussed Cited as authority (rule) United States v. Daniel L. Card
10th Cir. · 1998 · confidence medium
See United States v. Windle, 74 F.3d 997, 1001 (10th Cir.1996) ("Once the government establishes the existence of a conviction, the defendant must prove by a preponderance of the evidence that the conviction was constitutionally infirm"); United States v. Johnson, 973 F.2d 857, 862 (10th Cir.1992) (same); see also United States v. Wicks, 995 F.2d 964, 978 (10th Cir.1993). 4 Far from meeting his burden, Mr. Card failed even to object to the PSR's inclusion of the prior Utah conviction as a basis for adding a criminal history point. 5 In light of the PSR's ambiguity on representation and waiver …
discussed Cited as authority (rule) United States v. Card
10th Cir. · 1998 · confidence medium
See United States v. Windle, 74 F.3d 997, 1001 (10th Cir. 1996) (“Once the government establishes the existence of a conviction, the defendant must prove by a preponderance of the evidence that the conviction was constitutionally infirm”); United States v. Johnson, 973 F.2d 857, 862 (10th Cir. 1992) (same); 3 The Sentencing Guidelines, by negative inference, also support the proposition that courts must exclude for enhancement purposes prior convictions that resulted in jail sentences in which defendant neither was represented by counsel nor waived his or her right to counsel.
discussed Cited as authority (rule) United States v. Dale F. Svacina (2×)
10th Cir. · 1998 · confidence medium
See Appellant's App. at 14-15; United States v. Johnson, 973 F.2d 857, 860 (10th Cir.1992).
cited Cited as authority (rule) United States v. Svacina
10th Cir. · 1998 · confidence medium
See Appellant’s App. at 14-15; United States v. Johnson, 973 F.2d 857, 860 (10th Cir. 1992).
discussed Cited as authority (rule) United States v. Weeden
10th Cir. · 1997 · confidence medium
Indeed, in United States v. Johnson, 973 F.2d 857, 860 (10th Cir.1992), this court, noting the compulsory "shall" used in § 924(e)(1), stated that if it comes to the court's attention that the defendant meets the requirements of the subsection, "[t]he sentencing court may invoke the enhancement sua sponte, without a request by the government." In fact, the court meant that the court must invoke the enhancement.
discussed Cited as authority (rule) United States v. Enriquez
10th Cir. · 1997 · confidence medium
Once the government establishes the existence of a conviction, “the defendant must prove by a preponderance of the evidence that the conviction was constitutionally infirm.” United States v. Windle, 74 F. 3d 997, 1001 (10th Cir. 1996) (citing United States v. Johnson, 973 F.2d 857, 862 (10th Cir. 1992)).
discussed Cited as authority (rule) United States v. Enrique Enriquez
10th Cir. · 1997 · confidence medium
Once the government establishes the existence of a conviction, "the defendant must prove by a preponderance of the evidence that the conviction was constitutionally infirm." United States v. Windle, 74 F.3d 997, 1001 (10th Cir.1996) (citing United States v. Johnson, 973 F.2d 857, 862 (10th Cir.1992)).
discussed Cited as authority (rule) United States v. Stringfellow
10th Cir. · 1996 · confidence medium
In considering whether the plea agreement was violated, we construe the terms of the plea agreement "according to what [the defendant] reasonably understood when he entered his plea." United States v. Johnson, 973 F.2d 857, 860 (10th Cir.1992) (quoting United States v. Jimenez, 928 F.2d 356, 363 (10th Cir.), cert. denied, 502 U.S. 854 (1991)).
cited Cited as authority (rule) United States v. Wyatt
10th Cir. · 1996 · confidence medium
See United States v. Wicks, 995 F.2d 964, 977-78 (10th Cir.), cert. denied, 114 S.Ct. 482 (1993); United States v. Johnson, 973 F.2d 857, 862 (10th Cir.1992).
cited Cited as authority (rule) United States v. Edward Roy Windle, AKA Eddy Windle, AKA Ed Anderson
10th Cir. · 1996 · confidence medium
United States v. Johnson, 973 F.2d 857, 862 (10th Cir.1992).
cited Cited as authority (rule) United States v. Olbres
1st Cir. · 1995 · confidence medium
See O’Brien, 14 F.3d at 707 ; United States v. Quejada-Zurique, 708 *973 F.2d 857, 859 (1st Cir.), cert. denied, 464 U.S. 855 , 104 S.Ct. 173 , 78 L.Ed.2d 156 (1983).
discussed Cited as authority (rule) United States v. Steven Charles Martin
10th Cir. · 1994 · confidence medium
United States v. Unger, 915 F.2d 759, 761 (1st Cir.1990) (citing cases from the Fourth, Seventh, and Eighth Circuits), cert. denied, 498 U.S. 1104 (1991); see also United States v. Wicks, 995 F.2d 964, 977-78 (10th Cir.) (once the government establishes the fact of a prior conviction based on a guilty plea, the defendant has the burden of proving the invalidity of the conviction), cert. denied, 114 S.Ct. 482 (1993); United States v. Johnson, 973 F.2d 857, 862 (10th Cir.1992) ("Defendant ... had the burden of proving by a preponderance of the evidence that the conviction was constitutionally in…
discussed Cited as authority (rule) United States v. Leland C. Baxter (2×) also: Cited "see"
10th Cir. · 1994 · confidence medium
Baxter received twenty-seven months, well within the applicable range; thus, Baxter's argument based on Johnson is without merit under these facts. 973 F.2d at 861 (where a plea was entered without notice of mandatory minimum enhancement; therefore, based on an inaccurate maximum sentence and under false assumptions, withdrawal may be warranted). 22 We find the district court did not abuse its discretion in denying Baxter's motion to withdraw his guilty plea.
examined Cited as authority (rule) United States v. George L. Phelps, Also Known as George L. Phillips, Also Known as Phillip Lee Morris (4×) also: Cited "see", Cited "see, e.g."
10th Cir. · 1994 · confidence medium
Johnson, 973 F.2d at 860; see also United States v. Anderson, 921 F.2d 335, 3371 (1st Cir.1990) ("The plain language of the [statute] does not admit of any such discretion [not to impose an enhanced sentence].”) (footnote omitted).
cited Cited as authority (rule) United States v. Eddie David Lujan
10th Cir. · 1993 · confidence medium
"Significantly, § 924(e)(1) is a penalty enhancement, not a separate substantive crime.” United States v. Johnson, 973 F.2d 857, 859 (10th Cir.1992).
cited Cited as authority (rule) United States v. William J. Johnson
10th Cir. · 1993 · confidence medium
United States v. Johnson, 973 F.2d 857, 861-62 (10th Cir.1992). 4 Less than sixty days following the decision of this court, Mr. Johnson filed a motion pursuant to 28 U.S.C. § 2255 .
discussed Cited "see" United States v. Aragon (2×)
10th Cir. · 2019 · signal: see · confidence high
See United States v. Johnson, 973 F.2d 857, 860 (10th Cir. 1992) (“[A]n agreement to keep the judge ignorant of pertinent information cannot be enforceable, because a sentencing court ‘must be permitted to consider any and all information that might reasonably bear on the proper sentence for the particular defendant, given the crime committed.’” (quoting United States v. Jimenez, 928 F.2d 356, 363 (10th Cir. 1991))); U.S.S.G. § 6B1.4, p.s., cmt. (“[I]t is not appropriate for the parties to stipulate to misleading or non-existent facts, even when both parties are willing to assume th…
cited Cited "see" United States v. McIntosh
10th Cir. · 2014 · signal: see · confidence high
See United States v. Johnson, 973 F.2d 857, 859 (10th Cir.1992).
cited Cited "see" United States v. Marvin Miller
6th Cir. · 2010 · signal: see · confidence high
See United States v. Johnson, 973 F.2d 857, 860 (10th Cir. 1992).
cited Cited "see" United States v. Zuniga
10th Cir. · 2009 · signal: see · confidence high
See United States v. Johnson, 973 F.2d 857, 861 (10th Cir.1992).
discussed Cited "see" United States v. Arledge
10th Cir. · 2007 · signal: see · confidence high
Nevertheless, “[o]nee the prosecution establishes the existence of a conviction, the defendant must prove by a preponderance of the evidence that the conviction was constitutionally infirm.” United States v. Windle, 74 F.3d 997, 1001 (10th Cir.1996); see United States v. Johnson, 973 F.2d 857, 862 (10th Cir. *870 1992).
discussed Cited "see" United States v. Zuniga-Chavez (2×)
D.N.M. · 2004 · signal: see · confidence high
See id. at 861 .
discussed Cited "see" United States v. Willinger (2×) also: Cited "see, e.g."
10th Cir. · 2004 · signal: see · confidence high
See United States v. Johnson, 973 F.2d 857, 860 (10th Cir. 1992) (holding that § 924(e)(1) "does not require government action to trigger its application nor does it vest discretion in the sentencing court not to apply its mandate.”); accord United States v. Cobia, 41 F.3d 1473, 1475-76 (11th Cir. 1995).
discussed Cited "see" Beverly v. State (2×)
Md. · 1998 · signal: see · confidence high
See U.S. v. Jimenez, 928 F.2d 356 (10th Cir.), cert. denied, 502 U.S. 854 , 112 S.Ct. 164 , 116 L.Ed.2d 129 (1991) and U.S. v. Johnson, 973 F.2d 857 (10th Cir.1992), both quoting from United States v. Williamsburg Check Cashing Corp., 905 F.2d 25, 28 (2d Cir.1990): "[A]n agreement to keep the judge ignorant of pertinent information cannot be enforceable, because a sentencing court `must be permitted to consider any and all information that might reasonably bear on the proper sentence for the particular defendant, given the crime committed.'" In enacting the Federal Sentencing Guideline legisla…
discussed Cited "see" United States v. Erik Saed
10th Cir. · 1995 · signal: see · confidence high
See United States v. Johnson, 973 F.2d 857, 861 (10th Cir.1992); see also United States v. Pogue, 865 F.2d 226, 229 (10th Cir.1989). 20 We have considered all of the arguments made by defendant and, whether expressly discussed above or not, each has been found to lack merit.
discussed Cited "see" United States v. Julio Ortiz
10th Cir. · 1995 · signal: see · confidence high
See United States v. Johnson, 973 F.2d 857, 861 (10th Cir.1992) (district court to find that prior felony convictions established by preponderance of the evidence); United States v. Easterling, 921 F.2d 1073, 1077 (10th Cir.1990) (factual determinations at sentencing under preponderance of evidence standard), cert. denied, 500 U.S. 937 , 111 S.Ct. 2066 , 114 L.Ed.2d 470 (1991).
cited Cited "see" United States v. Frederick Cobia, A/K/A \Rick\""
11th Cir. · 1995 · signal: see · confidence high
See United States v. Johnson, 973 F.2d 857, 860 (10th Cir.1992) (“Once the sentencing court was aware that the requirements of § 924(e)(1) were satisfied, the enhancement was mandatory.
discussed Cited "see" United States v. Richard Lee Smith
10th Cir. · 1994 · signal: see · confidence high
See United States v. Johnson, 973 F.2d 857, 860 (10th Cir.1992) ("The statute does not require government action to trigger its application nor does it vest discretion in the sentencing court not to apply its mandate.").
discussed Cited "see" United States v. Wicks (2×) also: Cited "see, e.g."
10th Cir. · 1993 · signal: see · confidence high
See, however, the post-Boykin case of United States v. Johnson, 973 F.2d at 861 , in which the defendant had the full burden of proving the constitutional invalidity of his conviction 17 Just as Boykin 's requirements and accompanying presumption did not apply in 1963, California did not impose any Boykin-like requirements in 1963.
discussed Cited "see" United States v. Wicks (2×) also: Cited "see, e.g."
10th Cir. · 1993 · signal: see · confidence high
See, however, the post -Boykin case of United States v. Johnson, 973 F.2d at 861 , in which the defendant had the full burden of proving the constitutional invalidity of his conviction. .
cited Cited "see, e.g." United States v. Thompson
10th Cir. · 2014 · signal: see also · confidence medium
See also United States v. Johnson, 973 F.2d 857, 860 (10th Cir.1992) (“Once the sentencing court was aware that the requirements of § 924(e)(1) were satisfied, the enhancement was mandatory.
UNITED STATES of America, Plaintiff-Appellee,
v.
William J. JOHNSON, Defendant-Appellant
91-3277.
Court of Appeals for the Tenth Circuit.
Aug 25, 1992.
973 F.2d 857
O.W. Bobo, III, Topeka, Kan., for defendant-appellant., Thomas G. Luedke, Asst. U.S. Atty. (Lee Thompson, U.S. Atty., with him, on the brief), Topeka, Kan., for plaintiff-appellee.
Holloway, Logan, Conway.
Cited by 60 opinions  |  Published
LOGAN, Circuit Judge.

Defendant William J. Johnson appeals his sentence following his guilty plea to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). On appeal defendant alleges the following: (1) the government violated its plea agreement with defendant by alerting the probation officer preparing the presentence report to the sentence enhancement for three prior violent felonies as provided in 18 U.S.C. § 924(e)(1), filing an information noting the applicability of § 924(e)(1), and producing exhibits verifying the convictions; (2) the district court could not impose a sentence above the maximum sentence contained in the plea petition; (3) the government violated defendant’s constitutional rights by not informing him of the enhancement before he agreed to the plea; and (4) the evidence was insufficient to support the three prior violent felonies required for enhancement under § 924(e)(1).

I

Initially defendant was charged not only with violation of § 922(g) but also of 18 U.S.C. § 922(a)(6), for making a false statement in acquisition of a firearm. Defendant agreed to plead guilty to the § 922(g) count for the government’s agreement to drop the § 922(a)(6) count and not to recommend ' a departure from the sentencing guidelines range. The plea agreement provided:

In return for [defendant’s] plea of guilty to Count I of the Indictment, Count II will be dismissed with prejudice, and the government agrees not to recommend a departure from the normal range in the Sentencing Guidelines issued by the United States Sentencing Commission under the Sentencing Reform Act.

I R. tab 13 at 4.

At the time of the negotiations and the court’s acceptance of the guilty plea apparently both defense counsel and the government were unaware that § 924(e)(1) was applicable to defendant. The plea petition represented that the maximum sentence applicable to defendant would be ten years, but made clear that “a U.S. Probation Officer will be assigned to conduct a thorough presentence investigation to develop all relevant facts concerning [defendant’s] case” and “[i]n determining the sentence to im[*859] pose, [defendant] understand^] that the Court may take into account all relevant criminal conduct and background characteristics unless otherwise prohibited by law.” I R. tab 13 at 4. The petition also stated that defendant’s sentence was “solely a matter within the control of the Judge.” Id. Before accepting the plea, the district court specifically warned defendant that depending upon the nature of his crime and criminal conduct his sentence might be enhanced significantly. See III R. at 18 (specifically referencing what appears to be 18 U.S.C. § 924(c)(1)). The court ordered a presentence investigation “to develop all relevant facts concerning [defendant’s] criminal conduct,” III R. at 17, 21, to enable proper sentencing.

After reviewing the presentence report, the government recognized that the three prior violent felonies set out in the report triggered § 924(e)(l)’s penalty enhancement and brought the statute to the probation officer’s attention. The government filed an information that notified defendant that the enhancement applied and requested that the court inform defendant of the higher maximum sentence and allow him to withdraw his guilty plea. The district court did so inform defendant, setting a trial date for a month later to give defendant time to consider his options. Defendant chose to stand by his guilty plea and to argue that the enhancement violated the plea agreement and should not apply. The district court found that the government did not violate the plea agreement, but ruled that even if it did, allowing withdrawal of the guilty plea was the proper remedy because the court could not ignore the mandatory enhancement without imposing a sentence in violation of law. It sentenced defendant to the statutory minimum fifteen year sentence, which he has now appealed. We have jurisdiction under 18 U.S.C. § 3742(a).

Questions of law regarding interpretation of § 924(e) are subject to de novo review. United States v. Tisdale, 921 F.2d 1095, 1098 (10th Cir.1990), cert. denied, — U.S. -, 112 S.Ct. 596, 116 L.Ed.2d 619 (1991). Whether the government violated a plea agreement is also a question of law subject to de novo review. United States v. Jimenez, 928 F.2d 356, 363 (10th Cir.), cert. denied, — U.S.-, 112 S.Ct. 164, 116 L.Ed.2d 129 (1991). “We review a sentencing court’s factual determinations under a clearly erroneous standard.” United States v. Easterling, 921 F.2d 1073, 1077 (10th Cir.1990), cert. denied, — U.S.-, 111 S.Ct. 2066, 114 L.Ed.2d 470 (1991).

II

A

First we hold that the government did not violate its plea agreement with defendant. The agreement as stated in the written form and as explained by counsel before the district court is unambiguous: in exchange for defendant’s guilty plea on count one, the government agreed to dismiss count two and not to recommend departure from the normal sentencing guidelines range. The government dismissed count two and did not recommend a departure from the guideline range. Defendant’s sentence is not a departure from the guideline range.

Significantly, § 924(e)(1) is a penalty enhancement, not a separate substantive crime. E.g., United States v. Gregg, 803 F.2d 568, 570 (10th Cir.1986) (interpreting 18 U.S.C. § 1202(a), subsequently reenacted as § 924(e)), cert. denied, 480 U.S. 920, 107 S.Ct. 1379, 94 L.Ed.2d 693 (1987); United States v. Ruo, 943 F.2d 1274, 1275 (11th Cir.1991); United States v. Fields, 923 F.2d 358, 360 n. 4 (5th Cir.), cert. denied, — U.S.-, 111 S.Ct. 2066, 114 L.Ed.2d 470 (1991). Section 924 is entitled “Penalties” and § 924(e) specifically defines mandatory punishment for certain defendants who violate § 922(g). Determining whether the requirements of § 924(e)(1) are met is part of the process of calculating the normal sentencing guidelines range just like calculating a criminal history category or offense level. Statutory sentence enhancements are not “departures” under the guidelines. “Where a statutorily required minimum sentence is greater than the maximum of the applicable guideline range, the statutorily required minimum[*860] sentence shall be the guideline sentence.” U.S.S.G. § 5Gl.l(b); see also id. § 5G1.1, comment, (if statutory minimum sentence is the guideline sentence, any sentence above that is a departure); id. Ch. 5, Pt. K (discussing departures). Once the presen-tence report and evidence before the sentencing judge showed that the § 924(e)(1) requirements were met, the statutory minimum was the guideline sentence to be imposed.

B

Defendant alleges that even if the government technically did not violate the language of the agreement, it violated what defendant reasonably believed was the agreement. “[T]he plea agreement should be construed according to what [defendant] reasonably understood when he entered his plea.” Jimenez, 928 F.2d at 363. "Reasonably understood” is the key. The district court found, and the parties agree, that neither defendant nor the government realized that the enhancement would apply when the agreement was reached and the plea accepted. The government did not specifically bargain away the enhancement or agree not to inform the district court of its applicability. Defendant may have had an expectation of what guideline range would apply based on his understanding of the guidelines and applicable law, but the plea agreement did not include any commitment on what the guideline range would be; nor does the record indicate that the government made any' assurances concerning the applicable guideline range. Any expectation that the government had bargained away the enhancement was unreasonable.

The government was authorized to notify the sentencing judge and the probation officer of errors in the presentence report. See Jimenez, 928 F.2d at 363 (government may inform probation officer and sentencing court of relevant factual information despite alleged conflict with plea agreement). “[A]n agreement to keep the judge ignorant of pertinent information cannot be enforceable, because a sentencing court ‘must be permitted to consider any and all information that might reasonably bear on the proper sentence for the particular defendant, given the crime committed.’ Id. at 363 (quoting United States v. Williamsburg Check Cashing Corp., 905 F.2d 25, 28 (2d Cir.1990)).

Ill

Once the sentencing court was aware that the requirements of § 924(e)(1) were satisfied, the enhancement was mandatory. The statute does not require government action to trigger its application nor does it vest discretion in the sentencing court not to apply its mandate. Section 924(e)(1) states that a defendant meeting the requirements of the subsection “shall be ... imprisoned not less than fifteen years.” (emphasis added). [1] See Black’s Law Dictionary 1375 (6th ed. 1990) (shall, as used in statutes, is given a compulsory meaning). The sentencing court may invoke the enhancement sua sponte without a request by the government. United States v. Towne, 680 F.Supp. 687, 689-90 (D.Vt.1988), aff 'd in part, reversed in part on other grounds, 870 F.2d 880 (2d Cir.), cert. denied, 490 U.S. 1101, 109 S.Ct. 2456, 104 L.Ed.2d 1010 (1989).

United States v. Jackson, 921 F.2d 985 (10th Cir.1990) (en banc), relied upon by defendant, is not controlling authority to the contrary. In Jackson the government, in the plea agreement, specifically agreed not to seek enhancement under § 924(e)(1). This court did not there consider whether the district court could properly decline to impose the penalties in § 924(e)(1); the only[*861] issue before the court was whether the district court’s degree of upward departure from the sentencing guidelines range was reasonable.

The district court acted properly in allowing defendant to withdraw his guilty plea because the plea petition inaccurately indicated a ten year maximum sentence and initially was made under a false assumption. See United States v. McCann, 940 F.2d 1352, 1358 (10th Cir.1991). In United States v. Colunga, 786 F.2d 655 (5th Cir.1986), the court discussed a similar situation and stated:

Misinformation regarding the maximum sentence which causes a defendant to believe that the penalty is less than the actual possible sentence serves as a basis for withdrawal of a guilty plea. Thus, [defendant] should be given the opportunity to plead anew with correct information regarding the maximum possible punishment.
Should [defendant] persist in his original desire to plead guilty, we see no legal barrier to sentencing [him] to a more severe sentence.

Id. at 658.

Defendant’s affirmation of the guilty plea following the court’s disclosure that the enhancement and the statutory minimum of fifteen years would apply was voluntary. The district court, even after accepting the guilty plea but before sentencing, appropriately could correct an error of law in the plea petition; it was not required to adhere to an incorrect statutory maximum sentence. See United States v. Richardson, 901 F.2d 867, 869 (10th Cir.1990) (in response to information in presentence report, court could find higher offense level not withstanding government’s stipulation in plea agreement for lower offense level). We conclude that defendant did not suffer any prejudice by the erroneous reference to a ten year sentence in the plea agreement because he was given the option of withdrawing his guilty plea.

IV

We also reject defendant’s argument that the government’s failure to notify him of its intention to pursue the enhancement before the plea agreement violated defendant’s due process and equal protection rights. There is no evidence that the government intentionally misled defendant, as it apparently did not know that the enhancement would apply until the presentence report reflected the required three prior violent felonies. Defendant, on the other hand, certainly knew about the three prior violent felony convictions and reasonably might be held to expect they would affect his sentence. The enhancement is not a new or additional charge brought by the government following the plea bargain, see, e.g., Ruo, 943 F.2d at 1275, nor is it a stiffer sentence imposed in response to exercise of defendant’s rights. Further, defendant was fully informed of the application of the enhancement before he was sentenced and given the opportunity to withdraw his guilty plea.

V

Finally, we consider whether there was sufficient evidence to establish the three prior felonies under § 924(e). The district court must find the three prior felony convictions were established by a preponderance of the evidence. See, e.g., United States v. Wilkinson, 926 F.2d 22, 28 (1st Cir.), cert. denied, — U.S. -, 111 S.Ct. 2813, 115 L.Ed.2d 985 (1991); see also Easterling, 921 F.2d at 1077 (factual determinations at sentencing under preponderance of the evidence standard). The government submitted certified copies of journal entries indicating (1) revocation of probation based on a 1973 attempted aggravated assault conviction; (2) a 1980 assault conviction; and (3) a 1982 aggravated battery conviction. Defendant challenges proof of only the 1973 conviction, on the basis that the probation officer and the government were able to locate only collateral sources referencing the conviction; they were unable to locate a journal entry of conviction for the 1973 conviction because of an apparently incomplete file. Defendant offered no proof that contradicted the government’s evidence. We hold that the journal entry revoking defendant’s pro[*862] bation based upon the 1973 conviction is sufficient to establish that such a conviction existed. Defendant then had the burden of proving by a preponderance of the evidence that the conviction was constitutionally invalid, see United States v. Day, 949 F.2d 973, 982 (8th Cir.1991); Ruo, 943 F.2d at 1276; he failed to carry that burden.

Although the penalty in this case may seem harsh, the federal courts must enforce the mandates enacted by Congress.

AFFIRMED.

1

. Section 924(e)(1) states:

In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined not more than $25,000 and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g), and such person shall not be eligible for parole with respect to the sentence imposed under this subsection.