United States v. Garland James Guidry

66 F.3d 336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Garland James GUIDRY, Defendant-Appellant. No. 94-50536. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 10, 1995. Decided Sept. 6, 1995. Before: BROWNING, NORRIS, and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Guidry appeals a two-level enhancement for reckless endangerment under Sentencing Guideline Sec. 3C1.2. The district court found that Guidry threw a "loaded firearm out of the jeep window and over a lane of freeway traffic creat[ing] a substantial risk of death or serious bodily injury to the officers in pursuit and to the other motorists on the road, and constitut[ing] reckless endangerment pursuant to Sentencing Guideline Sec. 3C1.2." 3 First, Guidry argues that the finding that he threw the gun was clearly erroneous. We hold that the record supports the district court's finding. A witness observed an object fly out of one of the…