Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. McCloud

United States Court of Appeals, Sixth Circuit

August 20, 2019

United States of America, Plaintiff-Appellee,
v.
Anthony Dwayne McCloud, II, Defendant-Appellant.

          Appeal from the United States District Court for the Western District of Michigan at Grand Rapids. No. 1:17-cr-00151-1-Robert J. Jonker, District Judge.

         ON BRIEF:

          Larry C. Willey, WILLEY & CHAMBERLAIN LLP, Grand Rapids, Michigan, for Appellant.

          Mark V. Courtade, UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee.

          Before: GILMAN, SUTTON, and WHITE, Circuit Judges.

          GILMAN, J., delivered the opinion of the court in which SUTTON, J., joined, and WHITE, J., joined in the judgment. WHITE, J. (pg. 10), delivered a separate opinion concurring in the judgment.

          OPINION

          RONALD LEE GILMAN, CIRCUIT JUDGE.

         Anthony McCloud, II pleaded guilty to one count of conspiracy to distribute methamphetamine and to one count of actually distributing the drug. He was sentenced to 180 months of imprisonment. 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.

         McCloud argues that the district court erred in applying the enhancement because, according to him, the marijuana incident is not "relevant conduct" under the Sentencing Guidelines. His argument is primarily based on the fact that he pleaded guilty to charges involving methamphetamine, whereas the firearm was related solely to the marijuana incident. For the reasons set forth below, we AFFIRM the judgment of the district court.

         I. BACKGROUND

         A. Factual background

         Officers from the Lansing Police Department conducted trash pulls in March and April 2016 at the Hughes Road residence where McCloud lived with his girlfriend Stephanie Clark. The officers uncovered marijuana leaves and stems, potting soil, growing liquid, and handwritten marijuana labels. In April 2016, the police executed a search warrant at the Hughes Road residence and seized 22 grams of methamphetamine, 13 grams of cocaine, 2.5 pounds of marijuana, and 26 marijuana plants. The police then arrested McCloud and requested state charges for manufacturing marijuana, maintaining a drug house, and possession with intent to distribute cocaine and methamphetamine. McCloud was released that same day.

         Approximately a year later, Clark sold methamphetamine to an undercover police officer on seven separate occasions, the last being for 112 grams in July 2017. On the day that the July transaction was scheduled to occur, the police conducted surveillance and observed McCloud and Clark in a residence on Stoll Road in DeWitt, Michigan. The Stoll Road residence was rented by McCloud and Marlo Doerr. Doerr told the police that she was McCloud's ex-girlfriend. During their surveillance, the police saw McCloud drive from the Stoll Road residence to a house occupied by Tracy Withers. Later that same day, a task force of Lansing police and federal law-enforcement agents executed a search warrant at the residence on Stoll Road. They observed an unspecified quantity of methamphetamine, which resulted in McCloud's arrest.

         Clark participated in two police interviews. She told the police that McCloud provided her with all of the methamphetamine that she sold and that she gave McCloud the money from the sales. Clark estimated that she and McCloud had sold a total of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.