Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

United States v. McLean

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Submitted: April 3, 2001

Clive Ulet McLean, Jr. appeals from a judgment of conviction and sentence of the District Court for the Northern District of New York (Lawrence E. Kahn, Judge) following his plea of guilty to one count of conspiracy to distribute marijuana and three counts of possession with intent to distribute marijuana. Although the indictment charged that the amount of marijuana involved in the conspiracy exceeded 100 kilograms, the District Court accepted McLean’s plea despite his refusal to allocute to any drug quantity. The District Court subsequently sentenced McLean principally to a 63-month concurrent sentence on each of the four counts based on its own findings that the conspiracy McLean entered into involved more than 100 kilograms of marijuana. The 63- month concurrent sentence on each count exceeds by three months the statutory maximum applicable for an offense involving an unspecified quantity of marijuana.

On appeal, McLean challenges only his sentence, contending that: (1) the District Court’s findings with respect to the quantity of marijuana involved in the conspiracy were clearly erroneous; (2) the District Court erred in declining to apply a two-point deduction to his Base Offense Level for acceptance of responsibility; and (3) his sentence violates the teachings of Apprendi v. New Jersey, 530 U.S. 466 (2000). We find no basis to disturb the findings of the District Court with respect to either the quantity of marijuana involved or McLean’s acceptance of responsibility. With respect to McLean’s Apprendi claim, we hold that, in these circumstances, it was plain error to impose a sentence on each count in excess of the statutory maximum authorized for a crime involving an unspecified amount of marijuana, but that, because the United States Sentencing Guidelines require the District Court to impose consecutive terms of imprisonment to the extent necessary to achieve the total punishment mandated by the Guidelines, the error did not affect McLean’s substantial rights.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›
Associate General Counsel

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements