United States v. Harakaly
2013 U.S. App. LEXIS 22212
| 1st Cir. | 2013Background
- Harakaly pleaded guilty to conspiracy to possess with intent to distribute methamphetamine.
- The district court sentenced him to ten years for a ten-year mandatory minimum based on a drug-quantity finding not alleged in the indictment or admitted at plea.
- Alleyne v. United States overruled Harris-style preponderance findings for mandatory-minimum triggers; court held Alleyne error but harmless here.
- PSR estimated 5–15 kg of methamphetamine responsible, creating a base level and triggering the ten-year minimum.
- Harakaly conceded responsibility for a quantity corresponding to a base offense level that would still exceed the ten-year minimum and sought safety-valve relief.
- Court noted ongoing questions about safety-valve findings and reserved addressing potential future changes in law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alleyne error occurred in triggering minimum | Harakaly argues drug quantity was not charged or admitted | Harakaly contends error is harmless or structural | Alleyne error found; reviewed for harmlessness; affirmed harmless conclusion. |
| Role enhancement and safety valve | Harakaly argues managerial-role finding violated Alleyne scope | Court may make safety-valve findings without increasing baseline sentence | No Alleyne error; safety valve findings permissible as they do not raise minimum beyond baseline. |
| Notice and indictment regarding § 841(b)(1)(A) versus (C) | Government representations about § 841(b)(1)(C) misled plea | Record showed opportunity to withdraw; notice adequate | No reversible error; notice adequate and plea withdrawal option preserved. |
Key Cases Cited
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (facts increasing penalty to be tried to jury)
- Harris v. United States, 536 U.S. 545 (2002) (distinguishes mandatory-minimum triggers from elements)
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (extends Apprendi to mandatory-minimum facts)
- Pérez-Ruiz v. United States, 353 F.3d 1 (2003) (harmless-error standard for Apprendi/Alleyne errors)
- Eirby (Eirby II), 515 F.3d 31 (2008) (facts anchored in admissions not apportioning Apprendi error)