United States v. Shaw, No. 13-2015 (8th Cir. 2014)
Annotate this CaseDefendant appealed his conviction and sentence for conspiracy to possess with intent to distribute crack cocaine and marijuana (Count I) and possession of a firearm in furtherance of a drug trafficking offense (Count II). The court concluded that there was sufficient evidence to support defendant's convictions. The Government conceded that the district court's determination of a seven-year mandatory minimum in the absence of a jury finding violated the Supreme Court's decision in Alleyne v. United States. Accordingly, the court affirmed the district court's denial of defendant's motion for judgment of acquittal. The court vacated the sentence and remanded for resentencing.
Court Description: Criminal case - Criminal law and sentencing. Evidence was sufficient to support defendant's conviction for conspiring to distribute marijuana and crack and his conviction for possession of a firearm in furtherance of a drug-trafficking offense; in the absence of a jury finding, the district court's sentencing determination that defendant brandished a firearm during and in relation to the drug-trafficking crime violated Alleyne, and that sentence is vacated; case remanded for resentencing.
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