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United States Third Circuit

US v. Lewis, 10-2931

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




  • United States Third Circuit


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