United States v. Ramirez-Negron, No. 11-1388 (1st Cir. 2014)
Annotate this CaseDefendants, Geovanny Ramirez-Negron and Obed Alvarado-Merced pled guilty to aiding and abetting possession with intent to distribute at least one kilogram of heroin, five kilograms of cocaine, fifty grams of cocaine base, and one hundred kilograms of marijuana, all within 1000 feet of a public school, and related conspiracy charges. The district court sentenced each defendant to a Guidelines sentence. Defendants appealed, challenging the district court’s findings at sentencing as to drug quantity. After oral argument, the First Circuit Court of Appeals ordered the parties to submit additional briefs on the issue of whether the Supreme Court’s decision in Alleyne v. United States impacted this appeal. The First Circuit affirmed, holding (1) there was no Alleyne error because all elements of Defendants’ crimes of conviction were admitted as part of the guilty pleas and neither Defendant was sentenced based on a mandatory minimum sentence; and (2) the evidentiary base for the district court’s findings of fact in support of its Guidelines sentences was adequate.
This opinion or order relates to an opinion or order originally issued on August 25, 2011.
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