Marchello Dsaun McCain v. United States
SocialSecurity Securities Immigration
Does Apprendi v. New Jersey prohibit the calculation of a guideline range longer than the statutory maximum for the offense of conviction and achieved by repurposing statutory maxima from an unrelated group of offenses?
Questions Presented In McCain’s false statement involving terrorism prosecution, the district court applied the terrorism enhancement of Guideline Section 3A1.4 and calculated a guideline range greater than the statutory maximum for the false statement offense. 1. Does Apprendi v. New Jersey, 530 U.S. 466 (2000), prohibit the calculation of a guideline range longer than the statutory maximum for the offense of conviction and achieved by repurposing statutory maxima from an unrelated group of offenses? 2. Does United States Sentencing Guideline Section 5A1.2(a) cap the recommended guideline sentence at the statutory maximum for the false statement group?