United States First Circuit

Defendant's sentence of 10 years pursuant to the mandatory minimum for conspiracy to possess with intent to distribute methamphetamine is affirmed, where: 1) under the Supreme Court's subsequent decision in Alleyne v. United States, 133 S. Ct. 2151, 2155 (2013), the district court erred in making the factual finding of drug quantity necessary to impose the mandatory minimum where the quantity was neither alleged in the indictment nor admitted by defendant at the time of his guilty plea; but 2) the error was harmless because the evidence of the triggering drug quantity was overwhelming; and 3) defendant's remaining contentions lack merit.

Appellate Information

• Decided 10/31/2013
• Published 10/31/2013

Judges

• STAHL

Court

• United States First Circuit

Counsel