United States v. Johnson, No. 11-13621 (11th Cir. 2012)Annotate this Case
Defendant challenged 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. Defendant was a passenger in a getaway car whose driver led a dangerous police chase from the robbery of a pharmacy. Finding that two of the facts relied on by the Government were insufficient to prove that defendant actively encouraged or otherwise brought about the driver's dangerous conduct and that the district court did not make the requisite finding for the sentencing enhancement with respect to the third fact, the court vacated and remanded for additional resentencing proceedings.