United States v. Jordan Terrell
20-4352
| 4th Cir. | Jul 28, 2021Background:
- Jordan Terrell pled guilty to possession of ammunition by a convicted felon and was sentenced to 108 months' imprisonment.
- At sentencing the district court applied a Guidelines cross-reference (USSG §2K2.1(c)(1)(A) with §§2A2.1, 2X1.1) to attempted second-degree murder.
- Underlying conduct: after an initial altercation and reaching a point of safety, Terrell returned wearing a ski mask, approached the victim, and fired multiple shots.
- Terrell argued his conduct was a heat-of-passion killing (voluntary manslaughter), so the cross-reference to attempted murder was improper.
- The district court found malice and applied the cross-reference; the government bore the burden to prove the related offense by a preponderance, and appellate review is clear-error for facts and de novo for legal conclusions.
- The Fourth Circuit affirmed the district court's application of the attempted-murder cross-reference.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in applying USSG §2K2.1(c)(1) cross-reference to attempted second-degree murder | Terrell: acted in heat of passion; supports voluntary manslaughter, not murder | Govt/District: returned masked and shot repeatedly; conduct shows malice and attempted murder | Affirmed: preponderance of evidence supports attempted second-degree murder; cross-reference proper |
Key Cases Cited
- United States v. Lynn, 912 F.3d 212 (4th Cir. 2019) (explains §2K2.1 cross-reference mechanics and malice standard)
- United States v. Slager, 912 F.3d 224 (4th Cir. 2019) (holds government must prove cross-referenced offense by a preponderance)