United States v. Douglas James Wilmurth

── United States v. Douglas James Wilmurth ── Court: Court of Appeals for the Sixth Circuit Date: April 17, 2026 Category: General NOT RECOMMENDED FOR PUBLICATION File Name: 26a0172n.06 Case No. 25-1429 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Apr 17, 2026 UNITED STATES OF AMERICA, ) KELLY L. STEPHENS, Clerk ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE v. ) UNITED STATES DISTRICT ) COURT FOR THE WESTERN DOUGLAS JAMES WILMURTH, ) DISTRICT OF MICHIGAN Defendant-Appellant. ) OPINION _______________________________________ Before: BOGGS, BATCHELDER, and MOORE, Circuit Judges. ALICE M. BATCHELDER, Circuit Judge. Douglas Wilmurth pled guilty to two firearms offenses and one drug offense, and the district court sentenced him to a bottom-of-the- Guidelines-range term of imprisonment and three years of supervised release. Among other provisions, the district court ordered that Wilmurth’s instant sentence be “consecutive to any other undischarged terms of imprisonment” and conditioned Wilmurth’s supervised release on his submitting to searches by probation officers. Wilmurth now challenges the consecutive-sentence provision as inconsistent with the Sentencing Guidelines and both provisions as inconsistent with the district court’s oral sentencing pronouncement. Because the consecutive-sentence provision is not plainly erroneous, and because the challenged portions of the oral and written sentences are consistent, we AFFIRM. I. Michigan State Police began investigating Wilmurth in the summer of 2023. After making several controlled purchases of crystal methamphetamine from Wilmurth at a Stevensville No. 25-1429, United States v. Wilmurth residence and learning of Wilmurth’s (a convicted felon) possession of firearms there, police officers executed a search warrant for that property. Among other items, the officers seized six firearms and over 70 kilograms of various controlled substances. Wilmurth was arrested on state and, later, federal charges. He was indicted by a federal grand jury on three counts: unlawfully possessing firearms as a felon, in violation of 18 U.S.C. § 922(g)(1) (Count I), possessing methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) (Count II), and possessing an unregistered short-barrel shotgun, in violation of 26 U.S.C. § 5861(d) (Count III). The district court released Wilmurth on bond, but he absconded and removed his monitoring equipment, both in violation of his bond terms. Months later, he was arrested again, this time for breaking and entering. He pled guilty to two state charges for that conduct and was returned to federal custody. Wilmurth eventually pled guilty to all three counts of the federal indictment. His presentence report listed his Guidelines range as 188 to 235 months of imprisonment based on a total offense level of 31 and a criminal-history category of VI. His total offense level was based in part on a two-point increase for obstruction of justice pursuant to U.S.S.G. § 3C1.1. In particular, his presentence report stated that he had “absconded from bond and removed his location monitoring equipment. He was then arrested and sentenced on a state offense, and sent to [Michigan Department of Corrections] custod