United States v. McCloud, No. 18-2428 (6th Cir. 2019)
Annotate this CaseMcCloud pleaded guilty to one count of conspiracy to distribute methamphetamine and to one count of actually distributing the drug, 21 U.S.C. 846 and 841(a)(1), (b)(1)(A)(viii). He was sentenced to 180 months of imprisonment. The district court applied a two-level sentencing enhancement (U.S.S.D. 2D1.1(b)(1)) because McCloud carried a firearm during an attempt to buy marijuana during a trip to Detroit in the course of the conspiracy. McCloud argued that the marijuana incident was not “relevant conduct” under the Sentencing Guidelines. The Sixth Circuit affirmed the sentence. Although the government charged a meth conspiracy, the overall relevant conduct as described in terms of what was found in various homes along the way included cocaine and marijuana. One of McCloud’s sources of meth, whatever else he might have been doing in Detroit, was in Detroit and the Detroit trip involved others involved in the conspiracy. The Detroit trip was within the scope of the overall conspiracy and relevant conduct.
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