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United States v. Sanchez-Toro, 96-2234 (1997)

Court: Court of Appeals for the First Circuit Number: 96-2234 Visitors: 8
Filed: Jul. 18, 1997
Latest Update: Feb. 22, 2020
Summary: Circuit Judges., Senior Litigation Counsel, Jose Ruiz-Santiago, Assistant United States, Attorney, and Nelson Perez-Sosa, Assistant United States Attorney, on, brief for appellee.sentence enhancement imposed under U.S.S.G.facts, which omitted the circumstances of defendant's flight.
[NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 96-2234 UNITED STATES, Appellee, v. MIGUEL SANCHEZ-TORO, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Hector M. Laffitte, U.S. District Judge] Before Selya, Boudin and Stahl, Circuit Judges. Esther Castro Schmidt on brief for appellant. Guillermo Gil, United States Attorney, Jose A. Quiles-Espinosa, Senior Litigation Counsel, Jose Ruiz-Santiago, Assistant United States Attorney, and Nelson Perez-Sosa, Assistant United States Attorney, on brief for appellee. July 18, 1997 Per Curiam. Upon careful review of the record and the parties' briefs, we perceive no reason to overturn the sentence enhancement imposed under U.S.S.G. 3C1.2 for reckless endangerment during flight. Defendant's conduct came within the terms of that section, in that he accelerated his car toward a government agent who had to jump aside to avoid impact. See U.S.S.G. 2A1.4 (defining "reckless"). Further, the district court was not required to credit defendant's claim that he thought he was fleeing from would- be assailants, particularly as the government agents identified themselves before defendant attempted to flee. We require no additional findings on that point. See Fed. R. Crim. P. 32(c)(1); U.S.S.G. 6A1.3. Finally, the district court was not disabled from making the sentence enhancement by the parties' stipulation of facts, which omitted the circumstances of defendant's flight. The district court properly based defendant's sentence on all the relevant facts, including those in the pre-sentence investigation report, which facts defendant has not denied. See U.S.S.G. 6B1.4(d). Affirmed. See 1st Cir. R. 27.1. -2-
Source:  CourtListener

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