cases/21usc846/f3d-935-527-mccloud.case

Source: cases/21usc846/f3d-935-527-mccloud.case

Case source: https://www.neochart.com/catalog/cases/f3d/volume_935/0527_01/index.html

Verbatim annotated passages

For the reasons set forth below, we AFFIRM the judgment of the district court.

Exact source text

casedsl 1

case /f3d/935/0527-01
  name United States v. McCloud
  cite 935 F.3d 527 (2019)
  court United States Court of Appeals for the Sixth Circuit
  date 2019-08-20
  url catalog/cases/f3d/volume_935/0527_01/index.html
  source ir/caselaw/f3d_935.jsonl sha1=9bf7a8f195290d215497017c7f3cd9949f07e6ec chars=18227

law 21usc846
  role background
  posture Guilty-plea sentencing appeal concerning conduct during drug conspiracy
  result claimant-won

element penalty : not-reached
  scope procedural
  variant sentencing/relevant-conduct-different-drug
  fact @226..393 [supports] | The district court applied a two-level sentencing enhancement because McCloud carried a firearm during an attempt to buy marijuana during the course of the conspiracy.
  held @747..825 | For the reasons set forth below, we AFFIRM the judgment of the district court.
  gloss The appellate dispute is Guidelines relevant conduct following a plea, not the statutory same-penalties provision or proof of conspiracy elements.

misfit The Guidelines firearm/relevant-conduct enhancement is not an additional section846 element. A guilty plea supplies background; no agreement-sufficiency issue was adjudicated on this appeal.
misfit Claimant outcome refers to the prosecuting government, not the defendant-appellant; remanded and mixed retain unresolved or split dispositions.