935 F.3d 527
6th Cir.2019Background
- Anthony McCloud pleaded guilty to conspiracy to distribute methamphetamine and a related distribution count and was sentenced to 180 months.
- Police investigations (trash pulls, searches, surveillance) tied McCloud to methamphetamine sales from Jan 2015–July 2017 and revealed marijuana cultivation and cocaine possession at his residences.
- Co-conspirators Stephanie Clark and Tracy Withers sold, stored, and transported methamphetamine for McCloud; Clark conducted multiple undercover buys in 2017.
- Clark reported a trip to Detroit (between April 2016 and July 2017) with McCloud and Withers to meet a marijuana supplier; during that trip McCloud handled Withers’s handgun after an alleged robbery.
- The Presentence Report recommended a two-level firearm enhancement under U.S.S.G. §2D1.1(b)(1) for possession of a weapon during a drug transaction; McCloud objected arguing the firearm related only to an attempted marijuana purchase and therefore was not relevant conduct to the meth conspiracy.
- The district court applied the two-level enhancement as relevant conduct; the Sixth Circuit affirmed, finding the Detroit trip was part of the same common scheme or plan and within the conspiracy timeframe.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the §2D1.1(b)(1) two‑level firearm enhancement may be applied for a weapon possessed during an attempted marijuana transaction | McCloud: the firearm was tied only to an attempted marijuana buy (not meth), the event never completed (robbery), and the gun wasn’t used — so it is not relevant conduct | Government: the Detroit trip involved co‑conspirators, occurred during the conspiracy timeframe, involved drug procurement from Detroit, and therefore is relevant conduct; possession need only be during relevant conduct | Affirmed: enhancement proper — the Detroit trip was relevant conduct as part of the same common scheme/plan and occurred during the conspiracy timeframe |
Key Cases Cited
- Sanchez v. United States, 928 F.2d 1450 (6th Cir. 1991) (government must show possession and that it occurred during the offense; presumption the weapon is connected to the offense)
- Faison v. United States, 339 F.3d 518 (6th Cir. 2003) (post‑1991 Guideline amendments permit weapon possession during "relevant conduct" to trigger enhancement)
- Deitz v. United States, 577 F.3d 672 (6th Cir. 2009) (offenses involving different drugs may still fall within scope of a methamphetamine conspiracy as relevant conduct)
- Amerson v. United States, 886 F.3d 568 (6th Cir. 2018) (factors—similarity, regularity, and time interval—inform same‑course‑of‑conduct analysis)
- Vandeberg v. United States, 201 F.3d 805 (6th Cir. 2000) (erroneous sentencing enhancements can be non‑harmless even if final sentence lies within a different Guidelines range)