Krieger v. U.S.

Dist. Ct. erred in denying defendant’s habeas petition challenging her mandatory minimum sentence of 20 years on drug distribution charge, where Dist. Ct. had imposed sentence enhancement after finding by preponderance of evidence that defendant’s distribution of fentanyl resulted in death of recipient of said drug. Subsequent case of Burrage, 134 S. Ct. 881, in which Supreme Ct. held that instant penalty enhancement for distribution of “death resulting” drug could not be imposed unless said drug was “but-for” cause of victim’s death, applied retroactively to instant case, and record failed to show that Dist. Ct. had made requisite “but-for” finding at original sentencing hearing. Moreover, defendant was entitled to new sentencing hearing that allowed Dist. Ct. to make finding under section 2D1.1 of USSG that death or serious bodily injury resulted from said distribution. However, instant mandatory minimum sentence under 21 USC section 841(b)(1)(C) cannot be imposed since jury is now required to find beyond reasonable doubt that fentanyl provided by defendant was but-for cause of victim’s death.