United States v. Lokheim Campbell, 669 F. App'x 169

Campbell agreed to sell prescription drugs to Lowery but pulled a handgun to rob him during negotiations.
Campbell fired multiple shots as Lowery fled, striking him once in each foot; five shell casings were recovered.
Probation officer applied the U.S. Sentencing Guidelines cross‑reference to attempted first degree murder, setting base offense level at 33; adjustments produced a total offense level of 32, criminal history III, Guidelines range 151–188 months, but statutory maximum for § 922(g)(1) was 120 months, so Guidelines capped at 120 months.
Campbell pled guilty to being a felon in possession of a firearm and received a 120‑month sentence.
At sentencing Campbell objected to the cross‑reference, arguing he intended to rob but not to kill; the district court overruled the objection.
Campbell appealed, challenging application of the cross‑reference for attempted first degree murder.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Guidelines cross‑reference to attempted first degree murder (USSG § 2A2.1(a)(1)) was properly applied	Campbell: He intended only to rob Lowery, not to kill him, so attempted first degree murder cross‑reference is inappropriate	Government: Shooting at and seriously wounding Lowery during a robbery satisfies the § 1111 felony‑murder formulation underlying the cross‑reference	Court affirmed: cross‑reference properly applied because the shooting occurred in the course of a robbery and could have resulted in felony murder

United States v. Cox, 744 F.3d 305 (4th Cir. 2014) (review standards: legal conclusions de novo; factual findings for clear error)
United States v. Morales‑Machuca, 546 F.3d 13 (4th Cir. 2008) (§ 1111 adopts felony‑murder rule; intent to commit felony satisfies malice element)