Legal Opinion · Concurring in part, dissenting in part

United States v. Jean Alvarado

Court of Appeals for the Fourth Circuit

Decided March 7, 2016No. 14-4338Published

1Concurring in part, dissenting in partDavis, Senior Circuit Judge

My friends in the majority affirm the district court’s judgment against Jean Paul Alvarado, who was convicted of violating 21 U.S.C. § 841(a)(1) and sentenced to a mandatory minimum of twenty years’ imprisonment pursuant to 21 U.S.C. § 841(b)(1)(C) for distributing heroin to Eric Thomas that resulted in Thomas’s déath. The majority holds that the district court’s jury instructions as to the meaning of § 841(b)(l)(C)’s requirement that “death ... results from” the use of the distributed substance were' adequate and that the district court neither abused its discretion nor committed plain error…

2Cases cited29 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. In Re WINSHIPSupreme Court of the United States · 1970
  4. Neder v. United StatesSupreme Court of the United States · 1999
  5. Alleyne v. United StatesSupreme Court of the United States · 2013

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