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U.S. v. PENA

No. 12-2289.

742 F.3d 508 (2014)

UNITED STATES of America, Appellee, v. Maximo Laryi Herrerra PENA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

February 5, 2014.

Attorney(s) appearing for the Case

Robert L. Sheketoff , for appellant.

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

Before LYNCH, Chief Judge, STAHL and KAYATTA, Circuit Judges.

LYNCH, Chief Judge.

In federal prosecutions, under the requirements of Alleyne v. United States, ___ U.S. ___, 133 S.Ct. 2151, 2158, 186 L.Ed.2d 314 (2013), if the distribution of drugs is proven beyond a reasonable doubt to a jury to have resulted in a death, a defendant will face a 20-year mandatory minimum sentence. See 21 U.S.C. § 841(b). But if the government does not meet that burden before conviction, a defendant...

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