United States v. Eric Thomas Montgomery

35 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eric Thomas MONTGOMERY, Defendant-Appellant. No. 93-50566. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1994. * Decided Sept. 7, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. MEMORANDUM ** Eric Thomas Montgomery, a convicted bank robber, appeals from his sentence following entry of a guilty plea, arguing that the district court erred by imposing a two-level enhancement for obstruction of justice based on a finding of reckless endangerment during flight, and by failing to depart downward further than it did. 1 With respect to the first issue, we note that Montgomery was not the driver of the getaway car, and the sentence of a getaway car passenger may not be enhanced under U.S.S.G. Sec. 3C1.2 unless the district court "specif[ies] in the record its reasons for holding the passenger[ ] responsible for the driver's conduct." United…