U.S. v. Baker

Dist. Ct. did not err in sentencing defendant to 72-month plus one day sentence on charge of felon in possession of firearm, where said sentence was based, in part, on imposition of two-level enhancement under section 3C1.2 of USSG for having recklessly created substantial risk of death or serious bodily injury to another person in course of fleeing law enforcement officer, when defendant, while fleeing police, took loaded firearm out of his waistband and threw it over fence into residential backyard. Ct. of Appeals found that defendant could not prevail on his appeal because, regardless of whether enhancement applied, Dist. Ct. made clear that it would have imposed same sentence, where Dist. Ct. based sentence on: (1) defendant’s extensive criminal record; (2) instant conviction was defendant’s fourth felon in possession of firearm conviction; (3) defendant’s prior felon in possession of firearm conviction generated 72-month sentence; and (4) instant sentence needed to be longer than sentence imposed on prior felon in possession of firearm conviction.. Ct. further found that that instant sentence, which was one month and one day longer that top of guideline range applicable without enhancement, was substantively reasonable.