United States v. Michael May
430 F. App'x 520
6th Cir.2011Background
- CMHA officers observed four men; two fled toward a building and one dropped a firearm from the stairwell window onto a second-floor balcony.
- May was found in a gray sweatshirt inside the apartment; a juvenile in a red polo and marijuana were also found.
- May was indicted for being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- May was tried before a jury; motions for acquittal were denied; the jury convicted him.
- PSR: base level 24, criminal history VI, 3C1.2 reckless endangerment enhancement; total level 26; guideline range 120–150 months, but statutory max 10 years made 120 months; $1,000 fine imposed.
- On appeal, May challenges sufficiency of the evidence linking him to the gun, the 3C1.2 enhancement, and the $1,000 fine; the court affirms both conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence linking May to the firearm | May argues no credible link to the discarded gun. | May contends inconsistencies in officers’ testimony undermine linkage. | Sufficiency affirmed; rational juror could link May to the gun. |
| Reckless endangerment enhancement under § 3C1.2 | May argues no substantial risk created by discarding the firearm. | Government argues district court reasonably found risk given location and potential recovery. | Enhanced affirmed; conduct created a substantial risk. |
| Imposition of a $1,000 fine | May contends the district court failed to justify the amount and payment terms. | Court adequately considered § 3553(a) factors and May’s ability to pay; lump-sum requirement not erroneous. | Fine upheld; district court did not abuse discretion. |
Key Cases Cited
- United States v. Schreane, 331 F.3d 548 (6th Cir. 2003) (elements of §922(g)(1) plurality of proof: prior conviction, possession, interstate commerce)
- United States v. Daniel, 134 F.3d 1259 (6th Cir. 1998) (requisite elements for felon-in-possession conviction)
- United States v. Graham, 622 F.3d 445 (6th Cir. 2010) (standard of review for sufficiency of evidence)
- United States v. Abboud, 438 F.3d 554 (6th Cir. 2006) (weight given to credibility and quality of evidence at sufficiency stage)
- United States v. Wettstain, 618 F.3d 577 (6th Cir. 2010) (circumstantial evidence sufficient to sustain conviction)