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2021 Supreme(US)(ca6) 8

COURT OF APPEALS FOR THE SIXTH CIRCUIT
United States – Appellant
Versus
William Milliron – Respondent



UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ UNITED STATES OF AMERICA, │ Plaintiff-Appellee, │ > No. 19-3720 │ v. │ │ WILLIAM B. MILLIRON, │ Defendant-Appellant. │ ┘

Appeal from the United States District Court for the Northern District of Ohio at Toledo. No. 3:17-cr-00130-1—Jack Zouhary, District Judge.

Decided and Filed: January 11, 2021

Before: GUY, McKEAGUE, and LARSEN, Circuit Judges. _________________

COUNSEL ON BRIEF: Manuel B. Russ, Nashville, Tennessee, for Appellant. Ashley A. Futrell, UNITED STATES ATTORNEY’S OFFICE, Toledo, Ohio, for Appellee.

_________________

OPINION _________________

RALPH B. GUY, JR., Circuit Judge. Defendant William B. Milliron crashed his mobile methamphetamine lab into a building after he led the U.S. Marshals and local police on a high- speed chase and threw Molotov cocktails at the pursuing vehicles. He pleaded guilty to several charges in exchange for the dismissal of the remaining charges. The district court sentenced Milliron to 110 months in prison (14 months above the Sentencing Guideline range). On appeal, No. 19-3720 United States v. Milliron Page 2

Milliron attacks his plea agreement and challenges his sentence as procedurally and substantively unreasonable. We AFFIRM.

I.

In February 2017, members of the United States Marshals Service in Ohio were searching for Milliron based on an outstanding arrest warrant from Florida. The Marshals located Milliron driving his truck with a female passenger (later identified as his girlfriend). The Marshals turned on their sirens and lights in an attempt to stop Milliron. But Milliron did not stop. He led the Marshals and local police on a reckless 35-mile chase at speeds of up to 65 miles per hour.

During the chase, Milliron hurled glass bottles and other items toward the vehicles of the Marshals and local police. Milliron also attempted to ignite paper or fabric stuffed into plastic bottles filled with a liquid and then threw these makeshift Molotov cocktails at the vehicles pursuing him. At least one of these plastic bottles hit a police vehicle’s windshield and its contents exploded, impairing visibility for the officer driving. Milliron later confessed that he threw these items at the pursuing vehicles to stop them from chasing him.

Milliron cut through parking lots and front yards, ignored red lights and stop signs, and swerved through traffic. Two Marshals in a truck approaching from the opposite direction saw Milliron driving erratically toward them and pulled to the side of the road. The chase eventually ended with Milliron hitting another vehicle and crashing his truck into a commercial building.

A search of Milliron’s truck revealed that it was a mobile methamphetamine lab, containing several methamphetamine-related chemicals and paraphernalia. Two of the plastic bottles Milliron threw from his vehicle during the pursuit were recovered and tested. These “one-pot methamphetamine” bottles h

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