United States v. Gross, No. 20-6175 (10th Cir. 2022)
Annotate this CaseDefendant Martavious Gross was convicted for crimes relating to a road rage drive-by shooting. Defendant sat in the passenger seat of a car driving on an Oklahoma highway when A.A. cut the car off, allegedly almost hitting it. The car sped up to pull beside A.A.’s car so that Defendant could yell at and flip off A.A. The car caught up to A.A. again, and this time Defendant fired a gun at A.A.’s vehicle. The car took off afterward, and Defendant gave the gun to his brother to hide in the trunk. A.A. then followed the car to collect its description and license-plate number, along with a description of Defendant, to report to the police. The sentencing court varied upward from the Guidelines range and sentenced Defendant to the statutory maximum. He appealed, challenging the sentence’s procedural and substantive reasonableness. But the waiver in his plea agreement prohibited procedural appeals. “Defendant tried to take a detour around his appeal waiver” by suggesting the Tenth Circuit Court of Appeals evaluate how the court calculated the Guidelines range as part of its substantive analysis. But a defendant cannot transform procedural arguments into a substantive challenge to avoid an appeal waiver’s plain language. For this reason, the Court enforced the waiver and dismised his appeal insofar as Defendant’s arguments bore solely upon the procedural reasonableness of his sentence.
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