Friday, August 02, 2013

US v. Lira, No. 11-30324 (8-2-13) (Christen with Tashima and M. Smith).

The impact of Alleyne v. US, 133 S.Ct. 2151 (2013) starts to reverberate. The 9th vacates the 120 month sentence for use of a firearm in a drug trafficking offense because the court determined the required facts by a preponderance rather than a jury beyond a reasonable doubt. Alleyne now requires the latter.


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