United States First Circuit

A statutorily mandatory minimum sentence is made only potentially available by a finding that the conspiracy as a whole handled (or at least contemplated) the necessary triggering drug quantities. Application of the mandatory minimum to a particular co-conspirator requires a further, individualized finding that the triggering amount was attributable to, or foreseeable by, him.

Appellate Information

• Decided 01/08/2004
• Published 01/08/2004

Judges

• SELYA, Circuit Judge., Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and SMITH, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Maria H. Sandoval on brief, for appellant.


• For Appellees:
  
• H.S. Garcia, United States Attorney, Sonia I. Torres-Pabón, Chief, Criminal Division, and Nelson Pérez-Sosa and Thomas F. Klumper, Assistant United States Attorneys, on brief, for appellee.