U.S. v. SEPÚLVEDA-HERNÁNDEZ

Nos. 12-2301, 13-1339.

752 F.3d 22 (2014)

UNITED STATES of America, Appellee, v. Tomás SEPÚLVEDA-HERNÁNDEZ, a/k/a Tommy, Defendant, Appellant.

United States Court of Appeals, First Circuit.

May 2, 2014.


Attorney(s) appearing for the Case

Irma R. Valldejuli for appellant.

Julia Díaz-Rex , Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez , United States Attorney, and Nelson Pérez-Sosa , Assistant United States Attorney, Chief, Appellate Division, were on brief, for appellee.

Before LYNCH, Chief Judge, TORRUELLA and SELYA, Circuit Judges.


SELYA, Circuit Judge.

The appeals in this criminal case raise two questions of first impression in this circuit. The first asks whether the statute doubling the maximum available penalty for drug distribution in close proximity to a youth center, see 21 U.S.C. § 860(a), creates an independent substantive offense or, instead, operates merely as a sentence-enhancing factor. We conclude that this statute does create an independent offense. We also conclude...

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