United States v. Moody

MEMORANDUM **

Kenneth Dwayne Moody appeals the 92-month sentence imposed by the district court following his guilty plea conviction for armed bank robbery, in violation of 18 U.S.C. § 2113 (a) and (d). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The legal interpretation of guideline terms are reviewed de novo. United States v. Duran, 37 F.3d 557, 559 (9th Cir.1994). A district court’s factual findings underlying a sentencing decision are reviewed for clear error. Id. Review under the clearly erroneous standard is significantly deferential, requiring a definite and firm conviction that a mistake has been made. See United States v. Reed, 80 F.3d 1419, 1424 (9th Cir.1996).

Moody contends that the district court erred by applying a two-level enhancement for reckless endangerment in the course of fleeing from law enforcement agents pursuant to U.S.S.G. § 3C1.2 (1998). Specifically, he contends that the district court failed to establish a nexus between the armed bank robbery and the car chase twenty hours later because there was no evidence that he fled in order to avoid detection for the bank robbery. See United States v. Duran, 37 F.3d 557, 560 (9th…