Dist. Ct. did not err in sentencing defendant to 90-month term of incarceration on unlawful possession of firearm by felon charge, where said sentence was based, in part, on finding that defendant qualified for reckless endangerment enhancement under section 3C1.2 of USSG based on fact defendant was in front passenger seat of vehicle that led police on high speed chase, where defendant’s vehicle ran through stop signs, crashed into another vehicle, went through open field and eventually stopped only to have defendant and driver flee scene. While defendant claimed that record did not support imposition of enhancement, Ct. of Appeals held that Dist. Ct. could have found defendant, who had gun in his lap, knew that police were chasing his car; (2) flight created substantial risk of death or serious bodily injury; and (3) defendant induced driver to engage in said flight.
Federal 7th Circuit Court
Criminal Court
Sentencing