United States Seventh Circuit

In a conviction of defendant for distribution of divers amounts of fentanyl under 21 U.S.C. section 841(a)(1) and section 841(b)(1)(C), which resulted in the death of her friend, district court's imposition of a mandatory statutory minimum of twenty years is affirmed as, under current Supreme Court precedent, the government was not required to include the indictment the fact that death resulted from the distribution of fentanyl, as this fact could be determined by the sentencing court using a preponderance of the evidence standard, provided that defendant's maximum sentence did not surpass the statutory maximum for distribution of fentanyl without death resulting.

Appellate Information

• Argued 09/17/2009
• Decided 12/07/2010
• Published 12/07/2010

Judges

• ROVNER

Court

• United States Seventh Circuit

Counsel