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.
C. Willey, WILLEY & CHAMBERLAIN LLP, Grand Rapids,
Michigan, for Appellant.
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.
LEE GILMAN, CIRCUIT JUDGE.
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
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.
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.
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
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