U.S. v. McClinton

Dist. Ct. did not err in sentencing defendant to 288-month term of incarceration on charges of drug store robbery and brandishing firearm during robbery, where said sentence was based, in part, on Dist. Ct.’s finding on preponderance of evidence standard that defendant was responsible for murder of individual, who also participated in charged robbery, under circumstances where argument arose between defendant and said individual on splitting up of drugs that had been taken during robbery. While defendant argued that Dist. Ct. could not consider defendant’s conduct surrounding said murder, where jury had acquitted him of said murder, U.S. Supreme Court, in Watts, 519 U.S. 148, found that Dist. Ct. could consider conduct underlying acquitted charge, if Dist. Ct.’s findings were supported by preponderance of evidence. Moreover, Dist. Ct. could properly find that murder of associate was act in furtherance of charged robbery, where: (1) dividing up of robbery proceeds was part of plan to obtain said drugs from pharmacy; and (2) victim’s statement that he intended to keep drugs for himself was catalyst for defendant’s decision to shoot victim. As such, murder was relevant conduct that could be used to calculate defendant’s sentence.