HARDEN v. UNITED STATES

No. 20-1154.

986 F.3d 701 (2021)

Donald S. HARDEN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 21, 2021.


Attorney(s) appearing for the Case

James I. Kaplan , Edward King Poor , Attorneys, QUARLES & BRADY LLP, Chicago, IL, for Petitioner-Appellant.

Timothy W. Funnell , Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Green Bay, WI, Jonathan H. Koenig , Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Milwaukee, WI, for Respondent-Appellee.

Before Wood, Scudder, and St. Eve, Circuit Judges.


A jury found Donald Harden guilty of conspiring to distribute heroin and further found that a death had "resulted from" the use of that heroin. Based on that finding, he was sentenced to life in prison under 21 U.S.C. § 841(b)(1)(B), the so-called "death-results" provision. This provision increases the maximum statutory...

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