Reed

United States v. Reed

Good Law
52 F. App'x 17
United States Court of Appeals for the Ninth CircuitNovember 27, 2002No. 02-30080; D.C. No. CR-01-00013-RHWCalifornia425 words

Opinion

Lead Opinion

*18 MEMORANDUM **

Dale Demont Reed appeals his 220-month sentence imposed following his guilty plea conviction for one count of armed bank robbery, in violation of 18 U.S.C. § 2113 (d). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Reed first contends that the district court erred by applying adjustments for both obstruction of justice under U.S.S.G. § 3C1.1 and reckless endangerment during flight under § 3C1.2 based on the same conduct. Reviewing de novo, United States v. Hernandez-Sandoval, 211 F.3d 1115, 1118 (9th Cir.2000), we are not persuaded.

The reckless endangerment adjustment should not be applied if another adjustment based on the same conduct is applied. U.S.S.G. § 3C1.2, cmt. n. 1; United States v. Alexander, 48 F.3d 1477, 1493 (9th Cir.1995). Reed obstructed justice when he escaped from custody, see United States v. Petersen, 98 F.3d 502, 508 (9th Cir.1996), and recklessly endangered others one month later when he evaded recapture, see Alexander, 48 F.3d at 1493 . Because the adjustments were not based on the same conduct, see United States v. Christoffel, 952 F.2d 1086, 1089 (9th Cir.1991), the district court did not err…

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