Background
MacLeod’s convictions arose from a road-rage incident. The victim reported that MacLeod approached his vehicle from behind at an extreme speed, drove closely behind him, and then retrieved and racked a handgun after the victim gestured toward him. The vehicles stopped, and the victim turned around and drove away. While fleeing, the victim heard two gunshots. Police later found a firearm with two rounds missing from its magazine in MacLeod’s vehicle.
MacLeod pleaded guilty to felon-in-possession of a firearm and felony-firearm. At sentencing, the trial court assessed 25 points under offense variable 1 (OV 1), finding circumstantial evidence that MacLeod discharged the gun at or toward a person. That score produced a minimum guidelines range of 19 to 47 months. The court imposed consecutive terms 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 OV 1 at 25 points. Although the evidence supported a finding that MacLeod fired the gun, nothing in the record established the direction in which he fired it. The victim did not report that MacLeod aimed or fired toward him, and there was no physical evidence, such as bullet holes in the victim’s vehicle, showing that the shots were directed at him.
The court concluded that the road-rage context and evidence that the victim was the object of MacLeod’s anger did not, without more, support a reasonable inference that MacLeod fired at or toward the victim. Because the record showed only that MacLeod displayed and racked the handgun, OV 1 should have been scored at 5 points. That correction changed the applicable guidelines range, requiring reversal of the sentence and remand for resentencing.
Key Takeaways
- Proof that a firearm was discharged does not by itself support 25 points under OV 1; the prosecution must establish that it was discharged at or toward a human being.
- A sentencing court may draw reasonable inferences from the record, but speculation based solely on a road-rage confrontation is insufficient.
- Because reducing OV 1 from 25 points to 5 points changed the guidelines range, MacLeod was entitled to resentencing.
Why It Matters
The decision reinforces that Michigan offense-variable scoring must rest on evidence satisfying the specific statutory condition, even when the surrounding conduct is threatening and a firearm was demonstrably fired. A court cannot infer the direction of gunfire solely from hostility between the defendant and victim.
For sentencing challenges, the opinion also illustrates the practical importance of identifying unsupported factual findings: an offense-variable error that changes the guidelines range requires resentencing.