460 F. App'x 593
6th Cir.2012Background
- Ingle pled guilty to felon in possession of a firearm under 18 U.S.C. § 922(g).
- District court calculated base level via cross-reference to attempted first degree murder and added a § 3A1.2(c)(1) enhancement for assault on a law enforcement officer.
- PSR set total offense level at 36 (base 33 plus 6, minus 3 for acceptance) and guidelines range 188–235 months; actual sentence 97 months.
- Ingle argued lack of intent to murder, claiming suicide-by-cop; mental-health testimony suggested severe depression and impaired judgment.
- District court rejected suicide-by-cop, found evidence of premeditated attempted murder and reckless conduct, then reduced range for plea; sentence imposed within range.
- Court reviews for procedural and substantive reasonableness; presumes reasonableness within the guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Cross-reference to attempted first degree murder proper? | Ingle argues lack of requisite intent. | Government contends cross-reference supported by evidence of premeditation. | Cross-reference upheld. |
| § 3A1.2(c)(1) enhancement for assault on officer proper? | Ingle contends no reckless/intentional assault. | Government asserts officer assault warranted enhancement. | Enhancement upheld. |
| Suicide-by-cop theory rejected? | Ingle claims intent was to kill himself, not officers. | Government contends not clearly erroneous to find attempted murder part of the incident. | District court not clearly erroneous; theory rejected. |
| Sentence procedural/reasonableness within guidelines? | Argues guideline range calculation correct? | Guidelines properly calculated; reasons adequately explained. | Sentence affirmed as procedurally and substantively reasonable. |
| Sufficiency of district court’s factual findings? | Facts did not prove intent to kill. | Record supports findings of premeditated attempt and recklessness. | No clear error; findings supported. |
Key Cases Cited
- United States v. Gall, 552 U.S. 38 (U.S. 2007) (establishes procedural/ substantive review framework for sentencing)
- United States v. Brooks, 628 F.3d 791 (6th Cir. 2011) (presumptive reasonableness within guidelines range)
- United States v. Coleman, 664 F.3d 1047 (6th Cir. 2012) (applies reckless standard for § 3A1.2(c)(1) enhancement)
- United States v. Garcia-Meza, 403 F.3d 364 (6th Cir. 2005) (premeditation timing and intent considerations)