Woodcook

MEMORANDUM *

Shane Jacob Woodcook appeals the district court’s enhancement of his sentence following his guilty plea conviction for interstate transportation of a stolen motor vehicle, 18 U.S.C. § 2312 , theft of identity, 18 U.S.C. § 1028 (a)(7), and interstate transportation of stolen property, 18 U.S.C. § 2314 . Because the parties are familiar with the facts, we do not recite them in detail.

We vacate Woodcook’s sentence and remand for resentencing. The district court clearly erred in enhancing Woodcook’s advisory sentence for reckless endangerment pursuant to U.S.S.G. § 3C1.2, because its finding of risk of endangerment was without factual basis, leaving one with “a definite and firm conviction that a mistake has been committed.” Easley v. Cromartie, 532 U.S. 234 , 242, 121 S.Ct. 1452 , 149 L.Ed.2d 430 (2001).

Section 3C1.2 advises that the district court increase a Guideline recommendation by two levels “[i]f the defendant recklessly created a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer.” The record and findings in this case do not establish a “substantial risk of death or serious bodily…