United States v. Demarco Letrell Bowens

43 F.3d 1480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Demarco Letrell BOWENS, Defendant-Appellant. No. 94-50273. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1994. * Decided Dec. 9, 1994. Before: D.W. NELSON, HALL and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Demarco L. Bowens appeals his 115 month sentence imposed following entry of a guilty plea to bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Bowens contends that the district court erroneously enhanced his sentence under United States Sentencing Guidelines ("U.S.S.G." or "the Guidelines") Sec. 3C1.2 for reckless endangerment during flight. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review de novo the district court's application of the Guidelines. United States v. Young, 33 F.3d 31, 32 (9th Cir.1994). We review for clear error the district court's factual determination whether a defendant's conduct constituted…