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United States First Circuit


U.S. v. Malouf, 05-2245

Sentence for drug charges is reversed where the district court erroneously held that a fact that triggers a mandatory minimum sentence must be proved beyond a reasonable doubt.

Appellate Information

  • Decided 10/13/2006
  • Published 10/13/2006

Judges

  • TORRUELLA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and DYK, Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • William D. Weinreb, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellant.

  • For Appellees:
  • Frank J. McGee, on brief, for appellee., Judith H. Mizner, Assistant Federal Public Defender, Federal Defender Office, with whom Miriam Conrad, Federal Public Defender, Districts of Massachusetts, New Hampshire and Rhode Island, was on brief, as amicus curiae in support of appellee.
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