United States v. Smith

MEMORANDUM **

Alonzo Smith appeals his 57-month sentence imposed following a guilty plea conviction for unarmed bank robbery, in violation of 18 U.S.C. § 2113 (a). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Smith contends that the district court erred by imposing a two-level enhancement pursuant to U.S.S.G. § 3C1.2 for reckless endangerment during flight because: (1) he was not the driver of the getaway car; and (2) he exited the vehicle moments before his co-defendant. We review for clear error, United States v. Young, 33 F.3d 31, 32 (9th Cir.1994), and conclude that this contention lacks merit.

The record shows that Smith and his co-defendant abandoned the getaway car while it was still in gear causing it to roll into traffic and hit a minivan. Based on these facts, we cannot say the district court clearly erred by finding that Smith aided and abetted a substantial risk of injury to others during flight. See U.S.S.G § 3C1.2, comment, (n.5) (stating defendant is responsible for conduct of another if he “aided and abetted ...” the other person’s conduct); United States v. Luna, 21 F.3d 874, 885 (9th Cir.1994) (affirming § 3C1.2 enhancement…