United States Third Circuit

Sentence for a crime with a seven-year mandatory minimum, brandishing a firearm during and in relation to a crime of violence, notwithstanding the fact that a jury had not convicted him of that crime, is vacated and remanded for resentencing where: 1) under Alleyne v. US, sentencing a defendant for an aggravated crime when he was indicted and tried only for a lesser crime, violates a defendant's Sixth Amendment right to a jury trial; and 2) this error was not harmless because it contributed to the sentence defendant received.

Appellate Information

• Decided 09/16/2015
• Published 09/16/2015

Judges

• RENDELL

Court

• United States Third Circuit

Counsel