Legal Opinion

United States v. Harakaly

Court of Appeals for the First Circuit

Decided October 31, 2013No. 12-2274PublishedCited by 49 opinions

1Opinion of the Court

STAHL, Circuit Judge.

Erik Harakaly pleaded guilty to conspiracy to possess with intent to distribute methamphetamine. After finding that Harakaly was responsible for a drug quantity that triggered a ten-year mandatory minimum sentence and that he was ineligible for safety-valve relief from that minimum, the district court sentenced him to ten years’ imprisonment. Under the Supreme Court’s subsequent decision in Alleyne v. United States, — U.S. -, 133 S.Ct. 2151, 2155, 186 L.Ed.2d 314 (2013), the district court erred in making the factual finding of drug quantity necessary to impose the…

2Cases cited30 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Alleyne v. United StatesSupreme Court of the United States · 2013
  4. Griffith v. KentuckySupreme Court of the United States · 1987
  5. United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990

25 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. United States v. Delgado-MarreroCourt of Appeals for the First Circuit · 2014
  2. United States v. Acosta-ColónCourt of Appeals for the First Circuit · 2013
  3. United States v. EtienneCourt of Appeals for the First Circuit · 2014
  4. United States v. Maria RamirezCourt of Appeals for the Seventh Circuit · 2015
  5. United States v. PizarroCourt of Appeals for the First Circuit · 2014

44 more not listed; retrieve them via the Exa API.

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