United States v. Hoffarth

ORDER

David Hoffarth burglarized a sporting-goods store in Belleville, Illinois, and made off with 15 guns. He triggered the store’s alarm during the break-in and was caught by police after a brief chase. Hoffarth pleaded guilty to theft of firearms from a federally licensed dealer, 18 U.S.C. § 922(u), and possession of a firearm by a felon, id. § 922(g)(1). The district court increased his offense level by two points for recklessly endangering other persons while trying to elude the police. See U.S.S.G. § 3C1.2. Hoffarth challenges that increase on appeal.

Police officers responding to the…