United States First Circuit

Conviction for conspiracy to distribute heroin resulting in a death is affirmed over defendant's arguments that: 1) he was unaware of the mandatory minimum sentence and therefore could not have made a knowing and voluntary plea; 2) his plea rested on an inadequate factual predicate; 3) the "death resulting" sentence enhancement should have been proven beyond a reasonable doubt; and 4) the government needed to proffer evidence that death was a reasonably foreseeable consequence of his heroin distribution in order to justify his sentence.

Appellate Information

• Decided 08/14/2007
• Published 08/14/2007

Judges

• SELYA, Senior Circuit Judge., Before Lipez, Circuit Judge, Selya and Stahl, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Martin D. Harris on brief for appellant.


• For Appellees:
  
• Thomas P. Colantuono, United States Attorney, and Donald A. Feith, Assistant United States Attorney, on brief for appellee.