United States v. Herrerra Pena

LYNCH, Chief Judge.

In federal prosecutions, under the requirements of Alleyne v. United States, — U.S. -, 133 S.Ct. 2151, 2158, 186 L.Ed.2d 314 (2013), if the distribution of drugs is proven beyond a reasonable doubt to a jury to have resulted in a death, a defendant will face a 20-year mandatory minimum sentence. See 21 U.S.C. § 841(b). But if the government does not meet that burden before conviction, a defendant will face a different mandatory minimum — either 10 years, 5 years, or no minimum, depending on the drug type and quantity. See 21 U.S.C. § 841(b)(1)(A), (B), (C). When, as here,…