United States v. Brewster

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-329 D.C. No. Plaintiff - Appellee, 4:22-cr-00208-

JST-

v.

CENIOUS BREWSTER,

OPINION

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding

Argued and Submitted July 16, 2024 San Francisco, California

Filed September 12, 2024

Before: Milan D. Smith, Jr., Mark J. Bennett, and Anthony D. Johnstone, Circuit Judges.

Opinion by Judge Bennett SUMMARY*

Criminal Law

The panel affirmed a sentence imposed following the defendant’s guilty plea to one count of being a felon in possession of a firearm. The panel held that the district court properly applied an enhancement under U.S.S.G. § 3C1.2 for reckless endangerment during flight. Assuming without deciding that the guideline requires that a defendant’s flight endanger a specific person, the panel concluded that the district court did not clearly err in finding that the defendant’s flight put at least one motorist at substantial risk of serious bodily injury. The panel held that the…