United States v. Slager

The Fourth Circuit affirmed defendant's 240 month sentence for willfully shooting and killing the victim while he was unarmed and fleeing arrest. The court held that the district court did not clearly err in making its factual findings and correctly determined, based on those findings, that second-degree murder was the proper cross-reference. In this case, the district court did not reversibly err by inferring defendant's malice from the facts it found credible and by determining that defendant's malice was not negated by sudden quarrel or heat of passion. The court also held that the district court did not plainly err by applying a two-level sentencing enhancement for obstructing justice. View "United States v. Slager" on Justia Law