United States v. John Frederick Beasley

We must decide whether a defendant’s conduct during the course of two robberies justified an upward departure from the applicable Sentencing Guideline range.

I

On April 4, 1995, John Frederick Beasley robbed the U.S. Post Office in Pinedale, California. Upon entering the post office, he passed the clerk a note that read: “I have a gun in my pocket, give me all your money or I will shoot.” He then instructed the clerk to fill a manila envelope with money. After the clerk complied, Beasley took the envelope and fled the scene in an awaiting getaway car. Six days later, on April 10, 1995, Beasley robbed a Bank of America branch office in Fresno, California using the same technique.

Shortly after the bank robbery, a Fresno police officer identified a vehicle matching the description of Beasley’s getaway car. Upon seeing the vehicle roll through a red light, the officer gave chase, activating his lights and siren. What followed was a high-speed pursuit covering several miles reaching speeds of one hundred miles per hour. In the course of Beasley’s flight from authorities, he ran at least two red lights, caused a civilian vehicle to broadside his car (spinning his vehicle 180…