United States v. McCrimon, No. 14-1929 (2d Cir. 2015)
Annotate this CaseDefendant appealed his sentence of 63 months' imprisonment for bank robbery. The court concluded that Application Note 5 to 6 U.S.S.G. § 3C1.2, not Section 1B1.3(a)(1)(B), provides the proper standard for applying the enhancement based on a co‐defendant’s conduct. In this case, the district court plainly erred in applying the Section 3C1.2 sentencing enhancement based solely on a finding that defendant reasonably could have foreseen that his co‐defendant would recklessly endanger others while fleeing from the scene of his bank robbery. Accordingly, the court vacated the sentence and remanded for resentencing.
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