United States v. McMahan

Law enforcement received information that McMahan was part of a methamphetamine distribution conspiracy that was bringing drugs from Minnesota to Iowa for resale. The next day, an officer observed McMahan driving a red vehicle, and called for a marked patrol unit to stop the car. The unit attempted to make a traffic stop, but McMahan drove off at a high rate of speed. McMahan eventually pulled into a driveway, abandoned his car, and fled on foot. A witness observed him enter a private home. Nobody was home when McMahan entered, but the homeowner later told police that he did not know McMahan and did not give him permission to enter the home. Officers entered the house and located McMahan in the basement, where he surrendered. McMahan pleaded guilty to conspiracy to distribute methamphetamine, 21 U.S.C. 846. The Eighth Circuit affirmed application of a two-level increase under USSG 3C1.2 for reckless endangerment during flight, resulting in an advisory guideline range of 262 to 327 months’ imprisonment, and the actual sentence imposed, 196 months’ imprisonment. McMahan’s uninvited entry into a private home created a substantial risk of serious bodily injury to another person that was sufficient to justify the increase. View "United States v. McMahan" on Justia Law