Cain

MEMORANDUM **

Markquell Cain appeals his 64-month sentence imposed following a guilty plea conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm.

Cain contends the district court erred in granting a two-point enhancement pursuant to U.S.S.G. § 3C1.2 for reckless endangerment during flight from law enforcement. We review a finding of reckless endangerment for clear error, and application of the Sentencing Guidelines de novo. United States v. Young, 33 F.3d 31, 32 (9th Cir.1994). Because the record shows that Cain recklessly created a substantial risk of death or serious bodily injury to another person by throwing his firearm in the air while fleeing from police, the district court properly granted the enhancement. See U.S.S.G. § 3C1.2; Young, 33 F.3d at 32 .

Cain also contends the district court abused its discretion in denying a downward departure due to his vulnerability in prison. Because the record indicates that the district court exercised its discretion in making this decision, we lack jurisdiction to review it. See United States v. Wetchie, 207 F.3d 632,…