United States v. Lara-Ruiz, No. 12-3533 (8th Cir. 2013)
Annotate this CaseA jury found defendant guilty of the crime of using a firearm during and in relation to a drug trafficking crime. The district court sentenced defendant to 300 months' imprisonment, to be served consecutively to a sentence already imposed in a previous case. Defendant raised numerous challenges regarding the procedural and substantive reasonableness of his sentence. While this case was pending before the court on appeal, the Supreme Court issued Alleyne v. United States which overruled Harris v. United States, noting that it could not be reconciled with Apprendi v. New Jersey. Given the new Alleyne precedent, the court concluded that it was clear that there was an error in the proceedings and the error was plain. Accordingly, the court remanded for resentencing consistent with the jury's verdict.
Court Description: Criminal case - Sentencing. For the court's prior opinion in the matter, see United States v. Lara-Ruiz, 681 F.3d 914 (8th Cir. 2012); remanded for resentencing in light of Alleyne v. United States, 133 S. Ct. 2151 (2013). Judge Wollman, concurring and dissenting.
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