Case Explained: United States of America Plaintiff— v. Trayvon Murphy Defendant—

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-07-23 The Fifth Circuit affirmed the district court’s factual findings regarding Trayvon Murphy’s involvement in a murder, his drug quantity calculations, and the denial of a mitigating role adjustment, but reversed the application of a sentencing cross-reference to first-degree murder and remanded the case for resentencing. The court held that under U.S.S.G. § 2K2.1(c)(1), a cross-reference to a homicide offense applies only if the specific firearm used in the other offense is “cited in the offense of conviction,” meaning it must be identified in the indictment or information charged against the defendant, not merely in relevant conduct or uncharged facts. Because Murphy’s superseding indictment did not specifically cite the .223 caliber rifle used in the murder of Jermaine Gooden, the cross-reference was inapplicable despite evidence that Murphy provided the weapon. The court further ruled that the district court correctly applied the preponderance of the evidence standard rather than a heightened burden of proof for the sentencing enhancement and properly credited the testimony of co-defendant Alexander regarding Murphy’s role in the murder and drug trafficking, as the defendant failed to present rebuttal evidence showing those findings were materially untrue. Consequently, the sentence based on the first-degree murder cross-reference is vacated, and the case is remanded for resentencing without that enhancement. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.