United States v. Barnes
769 F.3d 94
1st Cir.2014Background
- Barnes pled guilty to conspiring to distribute at least 50 kg of marijuana and to distributing marijuana; sentencing hinged on drug quantity.
- The plea reserved Barnes’s challenge to drug quantity and the government’s right to seek 3,000–10,000 kg.
- Judge grouped counts under USSG § 3D1.2 and found Barnes responsible for 1,000+ kg, triggering a 10-year mandatory minimum.
- The judge used a preponderance standard to determine quantity, aligning with then-existing law.
- Alleyned remand required re-sentencing; sentence originally imposed 210 months and five years of supervised release.
- Supreme Court later vacated and remanded in light of Alleyne, prompting reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alleyne error on the prison term is harmless | Barnes; error not harmless beyond doubt | United States; error harmless | Not harmless; vacate prison term |
| Whether Alleyne error on the supervised-release term was preserved | Barnes preserved error; plain-error not applicable | Government; forfeiture applies | Barnes preserved; vacate supervised-release term |
| Whether entire sentence must be vacated and remanded for resentencing | Yes, due to Alleyne error tainting sentence | No, some components valid | Vacate sentence in full and remand for resentencing |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (Supreme Court 2013) (mandatory-minimum facts must be proved beyond a reasonable doubt when not admitted)
- Pérez-Ruiz v. United States, 353 F.3d 1 (1st Cir. 2003) (government bears heavy burden to prove error did not contribute to sentence)
- Ramírez-Negrón v. United States, 751 F.3d 42 (1st Cir. 2014) (no Alleyne error where sentence based on guidelines without altering minimum)
- Harakaly v. United States, 734 F.3d 88 (1st Cir. 2013) (discusses Alleyne error and harmlessness standards)
- Goodine v. United States, 326 F.3d 26 (1st Cir. 2003) (pre-Alleyne standard allowing preponderance findings for certain quantities)
- Melvin v. United States, 730 F.3d 29 (1st Cir. 2013) (describes burden for harmlessness review)