United States v. John Arel Thibeault

24 F.3d 252 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. John Arel THIBEAULT, Defendant-Appellant. No. 93-50551. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 21, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 John Thibeault appeals his sentence in the district court following his plea of guilty to one count of bank robbery. Mr. Thibeault argues the district court erred in adjusting his base offense level upward for reckless endangerment during flight pursuant to U.S.S.G. Sec. 3C1.2. 3 Mr. Thibeault does not dispute that during his arrest he rammed two police cars in an attempt to elude capture and that this behavior endangered the safety of the officers. Instead he argues that this action was not taken during flight from the bank robbery. We agree. 4 Section 3C1.2 of the Sentencing Guidelines provides for a two level increase "[i]f the defendant…