Federal 7th Circuit Court
Criminal Court
Sentencing
Dist. Ct. did not err in denying defendant’s habeas petition challenging his 20-year, minimum sentence on drug distribution charge that was based in part on Dist. Ct.’s finding that victim’s death was caused by heroin supplied by defendant. While issue of whether defendant’s heroin caused victim’s death should have been given to jury, since, under Alleyne, 133 S.Ct. 2151, facts controlling minimum and maximum sentences are within jury’s province, Alleyne was decided after defendant’s direct appeal had become final, and Dist. Ct. could properly conclude that rule set forth in Alleyne was not retroactive to instant collateral review.