United States v. Jermel Lewis

OPINION

RENDELL, Circuit Judge:

Jermel Lewis was sentenced for a crime with a seven-year mandatory minimum— brandishing a firearm during and in relation to a crime of violence — notwithstanding the fact that a jury had not convicted him of that crime. Instead, he had been convicted of the crime of using or carrying a firearm during and in relation to a crime of violence, which has a five-year mandatory minimum. Lewis was never even indicted for the crime of brandishing. In Alleyne v. United States, the Supreme Court held that this scenario, i.e., sentencing a defendant for an aggravated crime…