United States v. Klint Melcer

MEMORANDUM

Pursuant to a written plea agreement, D efendant-App ellant Klint Melcer (“Mel-cer”) pleaded guilty to a charge of conspiring to commit racketeering offenses. The Presentence Investigation Report determined Melcer’s total offense level to be 26, and his criminal history category to be IV. These determinations resulted in an advisory Guidelines range of 92 to 115 months’ imprisonment. At the sentencing hearing, the District Court informed the parties that it intended to depart upward two levels and was considering the imposition of a sentence at the high end of the recommended range of 110-137 months’ imprisonment, because of the brutality of Mel-cer’s crime and his prior conviction for assault with a firearm. The district court ultimately imposed a sentence of 137 months’ imprisonment, followed by three years of supervised release, and a special assessment of $100. Melcer appeals his sentence.

Melcer does not dispute his pre-depar-ture total offense level, his criminal history category, or his advisory Guidelines range. He does, however, raise two challenges to the district court’s upward departure.

1. Melcer argues that, because death is an element of manslaughter…