United States of America, Plaintiff-Appellee-Cross-Appellant v. James Albert McClelland Defendant-Appellant-Cross-Appellee

OVERVIEW

Defendant, James McClelland, was convicted of violating 18 U.S.C. § 1958 , Use of Interstate Commerce Facilities in the Commission of Murder-for-Hire. At sentencing the district court granted a downward departure on the ground of imperfect’entrapment by the government and sentenced him to sixty months incarceration. Both he and the government have appealed.

McClelland contends that the government engaged in outrageous conduct and that the district judge therefore erred in denying his motion to dismiss the indictment. He also argues that the district judge’s denial of his motion for a judgment of acquittal under Rule 29 of the Federal Rules of Criminal Procedure was error because he was entrapped by the government. Finally, McClelland asserts that the evidence introduced was insufficient to permit a reasonable jury to conclude that he was guilty of the crime charged. The government appeals the district court’s downward departure, which was based on the government’s inducement of McClelland. We affirm both the conviction and the sentence.

FACTS AND PROCEDURAL HISTORY

In December 1993, Marc Russell, who was hired by Defendant James McClelland to work for Combined…