On Oct. 5, 2012, the U.S. Supreme Court granted certiorari in Alleyne v. United States, in which the petition asks this question: “whether Harris v. United States, 536 U.S. 545 (2002), should be overruled.” Harris held that facts that trigger the imposition of a mandatory minimum sentence can be found by the judge (not the jury) to a preponderance of the evidence (not beyond a reasonable doubt). For anyone interested in federal sentencing, Alleyne and the fate of Harris bear close watching.
On Oct. 1, 2009, Allen Alleyne and an accomplice robbed the manager of a convenience store as he drove the store’s daily deposits to a local bank. The robbery had been suggested by Alleyne’s girlfriend, who worked at the store. As planned, Alleyne and his accomplice positioned their car on the side of the road that the store manager regularly traveled en route to the bank. As the manager’s van approached, the accomplice pretended to be experiencing car trouble. When the manager stopped and rolled down his window, the accomplice pushed a semi-automatic pistol against the manager’s throat and demanded the bank deposits. The manager complied, handing over $13,201, and the two robbers drove off with the money.
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