United States of America, Plaintiff-appellee, v. David Leslie Genereux, Defendant-appellant, 142 F.3d 446 (9th Cir. 1998)

MEMORANDUM¹ 

David Leslie Genereux appeals the sentence imposed following his guilty plea to two counts of armed bank robbery and two counts of unarmed bank robbery. We affirm.

Genereux contends that the district court erred by adjusting his offense level upward for reckless endangerment in the course of fleeing from law enforcement agents pursuant to U.S.S.G. § 3C1.2. Specifically, he contends that the government failed to establish a nexus between the bank robberies and his flight because the vehicle chase occurred on the day after his last bank robbery and he did not know that he was fleeing from law enforcement agents. Assuming that § 3C1.2 requires a nexus between the crime of conviction and the act of reckless endangerment, see United States v. Duran, 37 F.3d 557, 559-60 (9th Cir. 1994) (assuming without holding that a nexus requirement applies), the district court did not clearly err in finding that Genereux knew he was being pursued by law enforcement agents for the bank robberies once Agent Beardsley activated his lights and siren. See id. at 560.

AFFIRMED.