Sentencing; Scoring of OV 19; Interference with the administration of justice; MCL 777.49(b) & (c); People v Hershey; People v Barbee; Distinguishing People v Deweerd; Flight; People v Sours

The court held that the trial court did not err by scoring 10 points for OV 19. Defendant pled guilty to conducting a criminal enterprise and maintaining a drug house, arising out of a scheme to deliver meth. The trial court sentenced him to 72 to 240 and 6 to 24 months respectively. On appeal, the court rejected his argument that the trial court erred by scoring 10 points for OV 19 on the basis that he interfered with the administration of justice. He claimed he “had no duty to return to his residence and assist the officers in executing the search warrant or to remain in the state of Michigan thereafter.” It found his reliance on Deweerd was “misplaced because his conduct amounted to more than the mere failure to assist in the investigation. Rather, [he] fled the state after he drove by his residence and realized that law enforcement officers were searching the residence. The purpose of defendant’s flight to Illinois was ‘to avoid being caught and held accountable’ for his conduct.” And his “actions constituted an attempt to ‘prevent law enforcement from being able to arrest’ him.” Affirmed.