I. BACKGROUND Book was sentenced in the District of Montana to 300 months in prison following his guilty-plea conviction on federal drug charges under 21 U.S.C. § 846 and 851. U.S. v. Book, 372 Fed.Appx. 722 (9th Cir. 2010). Title 21 U.S.C. § 841(b)(1)(A) establishes a 10-year mandatory minimum term of imprisonment for Book's offense, but "[i]f any person commits a violation of this subparagraph ... after two or more prior convictions for a felony drug offense have become final, such person shall be sentenced to a mandatory term of life imprisonment without release..." Prior to Book's guilty plea, the government provided notice that it would invoke this sentencing enhancement by informing the Court of Book's prior convictions in state court for two felony drug offenses.

On March 26, 2010, the Ninth Circuit Court of Appeals affirmed the sentence. United States v. Book. No. 08-30335 (9th Cir. March 26, 2010)(unpublished mem. dep.)(Doc. 49). Book filed a petition for panel rehearing and a petition for rehearing en banc.