United States First Circuit

The district court's sentencing order is vacated and remanded, where: 1) there was an error under Alleyne v. United States resulting in the imposition of a mandatory minimum sentence based on judicial findings of death resulting from the distribution of drugs on a lesser standard of proof than required; and 2) the prosecution's request to empanel a sentencing jury to now prove beyond a reasonable doubt that a death resulted from the defendant's drug dealing is foreclosed by the facts of this case, is unfair, and would raise troubling constitutional questions that can be avoided by denying the government's request.

Appellate Information

• Decided 02/05/2014
• Published 02/05/2014

Judges

• LYNCH

Court

• United States First Circuit

Counsel