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U.S. v. HARAKALY

No. 12-2274.

734 F.3d 88 (2013)

UNITED STATES of America, Appellee, v. Erik HARAKALY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

October 31, 2013.

Attorney(s) appearing for the Case

William M. White, Jr. , with whom William M. White, Jr. & Associates was on brief, for appellant.

Jennifer H. Zacks , Assistant United States Attorney, with whom Carmen M. Ortiz , United States Attorney, was on brief, for appellee.

Before HOWARD, STAHL, and THOMPSON, Circuit Judges.

STAHL, Circuit Judge.

Erik Harakaly pleaded guilty to conspiracy to possess with intent to distribute methamphetamine. After finding that Harakaly was responsible for a drug quantity that triggered a ten-year mandatory minimum sentence and that he was ineligible for safety-valve relief from that minimum, the district court sentenced him to ten years' imprisonment. Under the Supreme Court's subsequent decision in Alleyne v. United States, ___ U.S. ___,

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