United States v. McQueen, No. 10-14798 (11th Cir. 2012)Annotate this Case
Defendant pleaded guilty to three counts of attempted alien smuggling and one count of failing to obey an order by federal law enforcement to heave to their vessel. The district court applied an enhancement pursuant to U.S.S.G. 2L1.1(b)(5)(A) because a firearm was discharged by law enforcement. Defendant appealed his sentence, contending that the district court committed procedural error by incorrectly calculating the advisory Guidelines range. The court concluded that defendant's actions induced law enforcement to discharge their firearms because law enforcement's response was a reasonable foreseeable result of defendant's conduct. Accordingly, the court affirmed defendant's 84-month sentence.