to alter the effect of § 7237 and the interpretation given to it in the Rogers case. That argument, however, is at variance with the apparent intent and policy behind the statute to deal harshly with recidivists. Consequently, the change of language in § 841 does not evidence a legislative intention to override Rogers, supra.
This court finds that the Government's analysis of the legislative intent is correct and the phrase "have become final" in the statute means the conclusion of all proceedings at the trial level. In interpreting this statute this court must keep in mind the United States Supreme Court's directive that courts in determining legislative intent "must not be guided by a single sentence or member of a sentence, but look to the provisions of the whole law, and to its object and policy". Philbrook v. Glodgett, 421 U.S. 707, 713, 95 S. Ct. 1893, 1898, 44 L. Ed. 2d 525 (1975). It is clear from the legislative history that the congressional policy and intent in enacting this statute was to provide the courts with flexibility and treatment alternatives in the sentencing of drug users and to deal severely with those in the business of selling controlled substances. Pub.L. 91-513, 1970 U.S.Code Cong. and Adm.News, p. 4566; H.R.Rep. No. 1444, 91st Cong. 1st Sess. (1970); S.Rep. No. 613, 91st Cong. 1st Sess. (1969).
If this court were to adopt the defendant's position the result would be that those in the business of selling illegal drugs with a prior conviction could defeat Congress's intent of second offender classification by taking an appeal from the prior conviction. Such an interpretation would insure a person with a prior conviction from being sentenced as a second offender as long as an appeal was pending. I cannot accept that it was Congress's intent to encourage frivolous appeals and provide insurance from second offender status for those in the business of selling illegal drugs. In Knapp v. McFarland the court said, "However, our function is to give effect to the Legislature's intent, and where a literal reading leads to an illogical result, the tempering influence of reasonable construction must be applied." 462 F.2d 935, 939 (2d Cir. 1972). Accord, Rogers v. United States, supra.
By applying "the tempering influence of reasonable construction", I must conclude that Congress meant the phrase "has become final" in 21 U.S.C. § 841 to mean the conclusion of all proceedings at the trial level. Therefore this court finds the defendant, John Brett Allen, to be a second offender. In the event that the prior conviction is found to be improper on appeal, the defendant is not harmed as he can petition this court for a reduction in sentence.
This court further concludes that in accordance with the procedures of 21 U.S.C. § 851, the defendant may raise all his claims attacking his prior conviction as being in violation of the Constitution of the United States except those pending before the Tenth Circuit. This conclusion is reached by utilizing the same principles of legislative construction as above. It is the duty of this court to interpret statutes in a manner that is logical. Such an analysis limits the constitutional claims that may be raised in a 21 U.S.C. § 851 hearing to those not on appeal to the Tenth Circuit, otherwise, the federal judicial system would be presented with the anomalous situation of this court and the Tenth Circuit hearing and deciding the same issues involving the same conviction simultaneously. Such a situation could lead only to chaos, conflict and waste in the judicial system.