United States v. McQueen

BLACK, Circuit Judge:

Appellant Kelsey James McQueen pleaded guilty to three counts of attempted alien smuggling in violation of 8 U.S.C. § 1324(a)(2)(B)(ii), and one count of failing to obey an order by federal law enforcement to heave to their vessel in violation of 18 U.S.C. § 2237(a)(1). At sentencing, over McQueen’s objection, the district court applied an enhancement pursuant to U.S.S.G. § 2L1.1(b)(5)(A) 1 because a firearm was discharged by law enforcement. McQueen appeals his sentence, contending the district court committed procedural error by incorrectly calculating the advisory…