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U.S. v. LEWIS

No. 10-2931.

766 F.3d 255 (2014)

UNITED STATES of America v. Jermel LEWIS, a/k/a Star, a/k/a Pr-Star, a/k/a P Jermel Lewis, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed September 9, 2014.

Attorney(s) appearing for the Case

Paul J. Hetznecker, Esq. , Argued, Philadelphia, PA.

Arlene D. Fisk, Esq. , Robert A. Zauzmer, Esq. , Argued, Office of United States Attorney Philadelphia, PA.

Before: RENDELL, FISHER and CHAGARES, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

This case requires us to determine the applicable standard of review for situations where a district court has imposed a mandatory minimum sentence based upon facts that were never charged in the indictment or found by a jury beyond a reasonable doubt. Such errors occur when a sentence is imposed in violation of the rule recently set forth in Alleyne v. United States, ___ U.S. ___, 133 S...

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