• Judicial Found Facts Cannot Increase Mandatory Minimums

    In United States v. Alleyne, a jury convicted Alleyne of “using or carrying a firearm during and in relation to a crime of violence.” Based on the Government’s choice of the “use” or “carry” verbs found in this prong of §924(c), Alleyne faced a mandatory minimum sentence of five years up to life imprisonment. However, […]

  • ARE YOU SURE YOU WANT TO APPEAL?

    Erwin pled guilty to conspiracy to possess with the intent to distribute oxycodone. This offense was a Class C felony with a 20 year statutory maximum. The plea agreement Erwin signed provided that he waived his right to appeal if his sentence was within or below the applicable sentencing range for offense level 39. Additionally, […]