Chavez

United States v. Chavez

Good Law
350 F. App'x 150
United States Court of Appeals for the Ninth CircuitOctober 28, 2009No. 008-50410California252 words

Opinion

Lead Opinion

MEMORANDUM **

Sergio Louis Chavez appeals from the 71-month sentence imposed following his 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 pursuant to 28 U.S.C. § 1291 , and we affirm.

Chavez contends that the district court erred in applying a two-level enhancement, pursuant to United States Sentencing Guidelines § 3C1.2, for reckless endangerment during flight. We disagree. The record reflects that Chavez attempted to flee police by running into a store while carrying a loaded firearm, and then quickly disposed of the firearm near employees and customers. Based on these facts, the *151 district court did not clearly err in applying the § 3C1.2 enhancement. See United States v. Reyes-Oseguera, 106 F.3d 1481, 1482-84 (9th Cir.1997) (reviewing for clear error the district court’s factual determination that defendant’s conduct constituted reckless endangerment under § 3C1.2 and holding that the adjustment is proper if the defendant’s behavior while resisting arrest recklessly creates a substantial risk to other persons).

Chavez also contends that the district court procedurally erred by failing…

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