United States v. McCloud, No. 12-3810 (6th Cir. 2013)
Annotate this CaseMcCloud pled guilty to distributing 19.4 grams of crack cocaine, 21 U.S.C. 841,was released on bond, and failed to appear for sentencing. After evading law enforcement for more than three years, McCloud was captured and sentenced to 140 months of imprisonment and four years of supervised release. Between McCloud’s plea and sentencing, the Fair Sentencing Act of 2010 (FSA) was enacted, reducing the statutory sentencing range applicable to McCloud from 5–40 years to 0–20 years. McCloud’s counsel did not object to use of the pre-FSA range at sentencing. The Sixth Circuit affirmed the sentence as reasonable. Although the court erred in using the pre-FSA statutory range, that error did not affect McCloud’s substantial rights because it is highly unlikely that a proper statutory range with no effect on the Guidelines range would have changed the imposition of a within-Guidelines sentence.
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