428 F.3d 387 (2nd Cir. 2005), 02-1544, United States v. Estrada
|Docket Nº:||Docket Nos. 02-1544-CR(L), 02-1594(CON).|
|Citation:||428 F.3d 387|
|Party Name:||UNITED STATES of America, Appellee, v. Frank ESTRADA, also known as|
|Case Date:||November 02, 2005|
|Court:||United States Courts of Appeals, Court of Appeals for the Second Circuit|
Argued: September 19, 2005.
Defendants-appellants appeal from judgments of conviction and sentence for conspiring to possess with intent to distribute at least 1000 grams of heroin, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846. We hold that prior felony drug convictions triggering a mandatory minimum sentence of lifetime imprisonment under § 841(b)(1)(A) need not be charged in the indictment or proved to a jury beyond a reasonable doubt.
EARLE GIOVANNIELLO (Jason P. Gladstone, Westport, CT, on the brief), New Haven, CT, for Defendant-Appellant Daniel Herredia.
JOSE M. ROJAS, Shipman & Goodwin, LLP, Hartford, CT, for Defendant-Appellant Makene Jacobs.
ALEX HERNANDEZ, Assistant United States Attorney (Kevin J. O'Connor, United States Attorney for the District of Connecticut, Alina Reynolds, Assistant United States Attorney, on the brief, Sandra S. Glover, Assistant United States Attorney, of counsel), Bridgeport, CT, for Appellee.
Before: WINTER, SOTOMAYOR, WESLEY, Circuit Judges.
SOTOMAYOR, Circuit Judge:
Defendants-appellants Makene Jacobs and Daniel Herredia appeal from judgments entered in the District Court for the District of Connecticut (Underhill, J.) sentencing both defendants to mandatory terms of life imprisonment for conspiring to possess with intent to distribute heroin in excess of 1000 grams, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846. In a concurrently filed summary order, we address the appellants' challenges to the district court's rulings on evidentiary matters, a trial motion for severance, the appellants' claims of ineffective assistance of counsel at trial, lack of a fair trial, and various sentencing issues. Here, we hold that prior convictions that trigger a mandatory minimum lifetime sentence under § 841(b)(1)(A), but which do not affect the statutory maximum sentence, need not be charged in the indictment or proved to a jury beyond a reasonable doubt.
Appellants were charged in a multi-count indictment with conspiring to possess with intent to distribute in excess of 1000 grams of heroin, in violation of 21...
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