Butterworth v. United States, No. 14-1076 (1st Cir. 2015)
Annotate this CaseAfter a jury trial in 2007, Defendant was convicted of two drug trafficking counts. At sentencing, the sentencing judge made a drug quantity finding and increased the mandatory minimum sentence for each count. Defendant appealed, arguing that a jury must find beyond a reasonable doubt any fact leading to the imposition of a higher mandatory minimum sentence. The First Circuit affirmed. After Alleyne v. United States was decided, Defendant initiated a collateral attack on his sentence. The district court denied Defendant’s motion for habeas relief under 28 U.S.C. 2255. The First Circuit affirmed, holding that the rule announced in Alleyne does not apply retroactively to sentences challenged on an initial petition for collateral review.
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