Michigan State Police investigated Wilmurth in the summer of 2023, conducting controlled purchases of crystal methamphetamine at his Stevensville residence. Officers learned that the convicted felon possessed firearms at the property and executed a search warrant, seizing six firearms and over 70 kilograms of controlled substances.
Wilmurth was arrested on state and federal charges, including unlawful possession of firearms as a felon, possession of methamphetamine with intent to distribute, and possession of an unregistered short-barrel shotgun. The district court released him on bond, but he absconded and removed his monitoring equipment.
Months later, Wilmurth was arrested for breaking and entering. He pled guilty to two state charges for that conduct and was returned to federal custody via a writ of habeas corpus approximately five months after his initial release.
At sentencing, the district court imposed 180 months on the firearms count, 188 months on the drug count, and 120 months on the shotgun count, all to be served concurrently. The court ordered that this federal sentence be consecutive to any undischarged terms of imprisonment Wilmurth still owed to the Michigan Department of Corrections.
Wilmurth argued that the Sentencing Guidelines required the federal sentence to run concurrently because his state offense was relevant conduct to his federal charges. The Sixth Circuit rejected this, noting that the presentence report attributed his obstruction-of-justice enhancement to his absconding and removal of monitoring equipment, not to the underlying federal crimes.
The court also addressed Wilmurth’s claim that the written judgment differed from the oral sentencing pronouncement regarding the consecutive-sentence provision and supervised-release search conditions. The Sixth Circuit held that the written and oral sentences were consistent and affirmed the judgment.