United States v. Reyes-Oseguera

TROTT, Circuit Judge:

Gonzalo Reyes-Oseguera and David Kirsch, codefendants, appeal the district court’s application of a two-level sentence enhancement for reckless endangerment during flight, pursuant to USSG § 3C1.2. The court imposed the enhancement in Kirsch’s case because he fled across a thoroughfare in medium to heavy traffic, and in Reyes-Ose-guera’s case because he fled from an armed officer, forcing the officer to wrestle with him to apprehend him. We must decide whether the circumstances surrounding each defendant’s respective flight warrant the enhancement for reckless…