United States Ninth Circuit

Defendant's sentence for multiple drug distribution and firearm possession offenses, including an increased mandatory minimum for the conviction for use or carrying and possession of firearms in furtherance of a drug trafficking offense, is vacated and remanded for re-sentencing, where the sentence does not comport with the U.S. Supreme Court's post-sentencing decision in Alleyne v. United States, 133 S. Ct. 2151 (2013), because the increased mandatory minimum was based on a fact found by the district court by a preponderance of the evidence rather than submitted to a jury and established beyond a reasonable doubt.

Appellate Information

• Decided 08/02/2013
• Published 08/02/2013

Judges

• CHRISTEN

Court

• United States Ninth Circuit

Counsel