United States v. Harakaly, No. 12-2274 (1st Cir. 2013)
Annotate this CaseAppellant pleaded guilty to conspiracy to possess with intent to distribute methamphetamine. The district court sentenced Appellant to ten years in prison, finding that Appellant was responsible for a drug quantity that triggered a ten-year mandatory minimum. Appellant appealed, arguing that the district court erred in sentencing him because, among other things, the attributable drug quantity was not stated in the indictment, nor was it proven to a jury beyond a reasonable doubt or stipulated by Appellant in his plea. The First Circuit Court of Appeals affirmed, holding (1) the district court erred in making the factual finding of drug quantity necessary to impose the ten-year mandatory minimum sentence where the quantity was neither alleged in the indictment nor admitted by Appellant at the time of his guilty plea, but the error was harmless; and (2) Appellant's other contentions were without merit.
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