People of the State of Michigan v. Hamin Lorenzo Dixon

Summary

The Michigan Supreme Court held that possession of a cell phone by a prisoner supports a 25-point score under Offense Variable 19 only when facts establish that the defendant’s conduct actually threatened the security of a penal institution. Because the record showed no conduct beyond Dixon’s proximity to or constructive possession of a cell phone, the Court held that OV 19 was improperly scored, reversed the Court of Appeals, and remanded for resentencing. Two justices dissented, concluding that prisoner possession of a cell phone inherently threatens prison security.

Holdings

1. Possession or attempted possession of a cell phone by a prisoner does not automatically justify a 25-point score under OV 19. The sentencing court must determine from the facts whether the defendant's conduct actually threatened the security of the penal institution.
2. The 25-point OV 19 score was improper because the evidence established no facts beyond constructive possession or proximity to a cell phone, and therefore did not show that Dixon's conduct threatened prison security.
3. When the sentencing-guidelines range is incorrectly calculated and the error alters the range, the defendant is entitled to resentencing.

Questions Presented

1. Whether an attempted violation of MCL 800.283a necessarily requires a 25-point score under OV 19.
2. Whether the evidence was sufficient to establish by a preponderance of the evidence that Dixon's conduct threatened the security of a penal institution under MCL 777.49(a).
3. Whether Dixon was entitled to resentencing because the erroneous OV 19 score altered the applicable sentencing-guidelines range.

Disposition

reversed_and_remanded