United Statesv.McCray
CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.24-12125
Decided2025-11-20
ReporterNo. 24-12125 (11th Cir. 2025)
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
Eleventh CircuitSentencing GuidelinesAttempted MurderCross-ReferenceFirearmsFactfindingProcedural Reasonableness
Case Summary
McCray pleaded guilty to possessing a firearm as a felon and received a 180-month sentence after the district court applied the attempted-first-degree-murder cross-reference, raising his advisory range from 27–33 months to 151–188 months. The Eleventh Circuit held that meaningful appellate review required explicit findings that McCray intended a killing, took or aided a substantial step, and possessed the premeditation necessary for first-degree murder. The district court’s generalized finding of involvement did not clearly establish those elements. The sentence was vacated and the case remanded for additional findings and resentencing as appropriate.
Opinion
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