United States Third Circuit

District court's imposition of a mandatory minimum sentence based upon facts that were never charged in the indictment or found by a jury beyond a reasonable doubt is affirmed, where: 1) the failure of the indictment to charge an Alleyne v. United States element, combined with Alleyne error in jury instructions and at sentencing, is not structural error but is instead subject to harmless or plain error analysis under Federal Rule of Criminal Procedure 52; and 2) the district court's error was harmless.

Appellate Information

• Decided 09/09/2014
• Published 09/09/2014

Judges

• Fisher

Court

• United States Third Circuit

Counsel