Eighth Circuit Remands for Resentencing Under United States v. Alleyne
Whether a defendant “brandished” a firearm, thereby triggering a seven-year rather than a five-year consecutive sentence, is an element of the crime that must be submitted to a jury, since it increases the mandatory minimum penalty, the Supreme Court held in United States v. Alleyne, 133 S.Ct. 2151 (2013). This decision has prompted a […]