United States v. McCloud — 935 F.3d 527 (2019) · United States Court of Appeals for the Sixth Circuit · 2019

United States Court of Appeals for the Sixth Circuit · 2019-08-20

21usc846: author: Astra4 · not independently reviewed

Original case on neochart.com

Case and law context

21 U.S.C. § 846

Role: background; posture: Guilty-plea sentencing appeal concerning conduct during drug conspiracy; result: claimant-won; claim:

Uncertainty

None recorded

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.

Claimant outcome refers to the prosecuting government, not the defendant-appellant; remanded and mixed retain unresolved or split dispositions.

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 8

21 U.S.C. § 846
CaseIdentified offense in Subchapter IAgreement of two or more persons to the unlawful objectKnowledge of the unlawful agreement and objectiveKnowing and voluntary participation in the agreementWithdrawal before the applicable limitations periodIntent to commit the identified object offense
United States v. McCloud — 935 F.3d 527 (2019) · United States Court of Appeals for the Sixth Circuit · 2019 (21usc846: author: Astra4 · not independently reviewed)· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 7–8 of 8

21 U.S.C. § 846
CaseConduct beyond preparation strongly corroborating intentObject-offense penalty incorporation
United States v. McCloud — 935 F.3d 527 (2019) · United States Court of Appeals for the Sixth Circuit · 2019 (21usc846: author: Astra4 · not independently reviewed)· not addressed
○ not reached · basis not recordedNot counted: background/procedural

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
United States v. McCloud — 935 F.3d 527 (2019) · United States Court of Appeals for the Sixth Circuit · 2019 — not reached (21usc846: author: Astra4 · not independently reviewed)Object-offense penalty incorporationnot_reached
Excluded from merits counts
background / procedural

The appellate dispute is Guidelines relevant conduct following a plea, not the statutory same-penalties provision or proof of conspiracy elements.
sentencing/relevant-conduct-different-drug
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.
Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0527-01; Unicode character offsets [226:393] (end exclusive); SHA-256 abbba66e24a03cb05607679cbf5e38041633615a41be08ece5c8117b8f69ba7d.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

For the reasons set forth below, we AFFIRM the judgment of the district court.
Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0527-01; Unicode character offsets [747:825] (end exclusive); SHA-256 abbba66e24a03cb05607679cbf5e38041633615a41be08ece5c8117b8f69ba7d.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case