Alleyne v. United States

This U.S. Supreme Court case was decided on June 17, 2013.  It tried to resolve a big issue about the method of proof that the Sixth Amendment requires to impose a mandatory minimum sentence.  It is having a ripple effect in Pennsylvania and Lehigh County.  

Primarily, this case involves mandatory sentences with respect to drug laws.  If there is an "enhancement" based on the amount of drugs, the proximity to a school or playground, or the proximity to a gun, the particular drug activity could be enhanced to a mandatory minimum and should definitely be covered with you by your Lehigh County criminal lawyer.  In Pennsylvania, currently, facts activating the mandatory minimum sentence are not an element of the crime and the prosecutor is not required to notify the defendant of the applicability of the mandatory sentencing (which is just ridiculous) and the sentencing judge shall determine the applicability of the mandatory sentence by a preponderance of the evidence.  It is my belief that the Supreme Court's case in Alleyne renders these provisions of the mandatory sentencing scheme unconstitutional.  

In Alleyne, the Supreme Court held that under the Sixth Amendment, a defendant has the right to have a jury determine beyond a reasonable doubt any fact that triggers the mandatory minimum in the sentence.  This means, that the Supreme Court believes that anything that creates/triggers a mandatory minimum must be treated as an element of the offense.  The Supreme Court also decided that the prosecutors must put the facts that create the mandatory minimum (i.e. school zone proximity) in the charging document (which makes sense).  

Again, the Supreme Court nailed it.  If a person is going to get 3 additional years in jail because of an "enhancement" based upon an alleged fact, that fact should be determined by a reasonable doubt (i.e. the distance proven to the playground) and a defendant should be notified of its applicability to prepare a proper defense.  Pennsylvania is backwards right now.  The prosecutors are arguing that the facts triggering the mandatory minimums should be "severed".  As of right now, most county courts are taking the position against "severed" elements.