USA v. Murphy
Split Score
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Case Summary
Disposition
Reversed in Part
The Fifth Circuit affirmed most of Trayvon Murphy’s conviction-related sentencing findings but held that the district court erred in applying the § 2K2.1(c)(1)(B) first-degree-murder cross-reference because the .223 rifle used in the homicide was not cited in the indictment. Accordingly, it affirmed Murphy’s conviction-related rulings, reversed the cross-reference ruling, vacated the 360-month sentence, and remanded for resentencing.
Circuit Split Identified
Legal Issue
Whether the § 2K2.1(c)(1)(B) cross-reference in the U.S. Sentencing Guidelines applies only when the firearm involved in the other offense is expressly 'cited in the offense of conviction' (i.e., identified in the indictment or information).
Circuit Positions
Firearm must be expressly cited in the indictment/information for the § 2K2.1(c)(1)(B) cross-reference to apply.
Specific identification of the firearm in the charging instrument is not required; the cross-reference can be applied based on the full record.
Conflict Summary
The Fifth Circuit holds that the cross-reference may be triggered only if the indictment or information for the firearms count expressly identifies the specific firearm later linked to the homicide or other offense. The Fourth and Eighth Circuits have ruled that the firearm need not be specifically identified in the charging instrument; a court may look to the broader record to determine whether the weapon was involved, allowing the cross-reference to apply even when the indictment is generic.