Legal Opinion
United States v. Carrell Johnson
Court of Appeals for the Eleventh Circuit
Decided September 10, 2012No. 11-13621PublishedCited by 25 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
The defendant was a passenger in a getaway car whose driver led a dangerous police chase from the robbery of an Atlanta pharmacy. The defendant challenges the district court’s application of a two-level sentencing enhancement for “recklessly creating] a substantial risk of death or serious bodily injury ... in the course of fleeing from a law enforcement officer.” 1 Finding that two of the facts relied on by the Government are insufficient to prove the defendant actively encouraged or otherwise brought about the driver’s dangerous conduct and that the…
2Cases cited15 opinions
- Stinson v. United StatesSupreme Court of the United States · 1993
- United States v. SpoerkeCourt of Appeals for the Eleventh Circuit · 2009
- United States v. David Luna Robert Todd Torres Richard Aereleo PinaCourt of Appeals for the Ninth Circuit · 1994
- United States v. Luis Enrique PolarCourt of Appeals for the Eleventh Circuit · 2004
- United States v. Donald Douglas Franklin, Jr., United States of America v. William Edward PiersCourt of Appeals for the Ninth Circuit · 2003
10 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. Dylan StanleyCourt of Appeals for the Eleventh Circuit · 2014
- United States v. Elder Nehemias Lopez HernandezCourt of Appeals for the Eleventh Circuit · 2017
- United States v. McCrimonCourt of Appeals for the Second Circuit · 2015
- United States v. Michael Brian AndersonCourt of Appeals for the Eleventh Circuit · 2021
- United States v. Lawrence F. CurtinCourt of Appeals for the Eleventh Circuit · 2023
20 more not listed; retrieve them via the Exa API.