United States v. Farias

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Adrian Farias is correct that there is a misstatement in our opinion, but that misstatement is of no moment. We stated that “the indictment charged, and the jury found Adrian guilty of, § 841(b)(1)(A), not § 841 in general, triggering the ten-year minimum,” but more precisely put, the indictment alleged a conspiracy under § 846 to violate § 841(a), 1 listing as an overt act involvement with the quantities and types of drugs yielding a ten-year minimum under § 841(b)(1)(A). 2 It remains that the judge had no discretion to “choose” a mandatory minimum…