United States v. Zamora, No. 22-4096 (10th Cir. 2024)
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In December 2021, Kevin Alonso Zamora was discovered by law enforcement officers in Taylorsville, Utah, near a car that had been reported stolen. As officers approached, all suspects except Zamora entered the vehicle and drove off, while Zamora fled on foot. During his flight, Zamora ran through a residential neighborhood and a commercial area, eventually collapsing near a Taco Bell drive-thru. Officers found a gun tucked inside Zamora's pants, which had discharged during his flight, injuring him.
Zamora was indicted and later pleaded guilty to being a felon in possession of a firearm. During sentencing, the district court applied a two-level enhancement under § 3C1.2 of the United States Sentencing Guidelines, which Zamora challenged as being erroneously applied. He argued that his armed flight did not recklessly create a substantial risk of death or serious bodily injury to another person.
The United States Court of Appeals for the Tenth Circuit affirmed the district court's decision. The court found that Zamora's flight from law enforcement with a loaded gun, not carried in a holster, which discharged during his flight, constituted reckless behavior. The court also found that Zamora's actions created a serious risk of bodily injury to law enforcement. Furthermore, the court noted that Zamora ran directly in front of an occupied vehicle moments before his gun discharged, creating a substantial risk of serious bodily injury to another person. Therefore, the court concluded that the district court did not err in applying the two-level enhancement under § 3C1.2.
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