Lenihan

MEMORANDUM **

James Dennis Lenihan III appeals his conviction and sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

A rational trier of fact could have found Lenihan guilty of the charged offenses beyond a reasonable doubt based on evidence that he was in the area with James Hopkins on the night in question. Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) (setting standard). He was seen carrying an object wrapped under a jacket that could have been a long gun. A black backpack containing .30.06 caliber ammunition and Nike shorts was found one block to the north. DNA linked Lenihan to the shorts. The .30.06 caliber ammunition left by Lenihan, and found in the black backpack, was the same caliber as that found at the scene of the carjacking.

The district court did not abuse its discretion in applying a two-level enhancement for reckless endangerment during flight. U.S.S.G. § 3C1.2. Lenihan drove at speeds approaching 60 miles per hour through a residential neighborhood while Hopkins pointed a gun at the pursuing police officers. Under the Guidelines, Lenihan is responsible for his own actions as well as the conduct he aided…