Background
MacLeod’s convictions arose from a road-rage incident. The victim reported that MacLeod drove closely behind his vehicle, retrieved and racked a handgun after the victim gestured toward him, and stopped when the victim turned around to drive away. As the victim fled, he heard two gunshots. Police later found a firearm in MacLeod’s vehicle with two rounds missing.
MacLeod pleaded guilty to felon-in-possession of a firearm and possession of a firearm during the commission of a felony. The trial court assessed 25 points under offense variable 1, finding that circumstantial evidence showed MacLeod discharged the firearm at or toward a person. That score produced a minimum guidelines range of 19 to 47 months, and the court imposed consecutive sentences of 24 to 90 months for felon-in-possession and two years for felony-firearm.
The Court’s Holding
The Michigan Court of Appeals held that the trial court clearly erred by scoring offense variable 1 at 25 points. Although substantial evidence showed that MacLeod fired the gun twice, the record contained no evidence of the direction in which he fired. The victim did not say the firearm was aimed or discharged toward him, and no physical evidence, such as bullet holes in the victim’s vehicle, supported that conclusion.
The court rejected the view that the road-rage circumstances alone permitted a reasonable inference that MacLeod fired toward the victim. Because the evidence established only that MacLeod displayed and racked the handgun, the court held that offense variable 1 should have been scored at 5 points. That correction changed the applicable guidelines range, requiring resentencing.
Key Takeaways
- A 25-point score under Michigan offense variable 1 requires proof by a preponderance of the evidence that a firearm was discharged at or toward a human being.
- Evidence that a defendant fired a gun during a hostile encounter does not, without evidence of the firing direction, establish that the shots were directed toward the victim.
- Because the scoring error changed MacLeod’s guidelines range, the court reversed his sentence and remanded for resentencing with offense variable 1 scored at 5 points.
Why It Matters
The decision limits sentencing courts’ ability to infer aggravated weapon use from the surrounding hostility alone. Even when the record establishes that a firearm was discharged, the prosecution must present evidence supporting the specific directional finding required for a 25-point offense-variable score.
For sentencing challenges, the opinion also reinforces that an offense-variable error warrants resentencing when correcting it changes the applicable guidelines range.