United States v. Cespede, No. 10-3432 (3d Cir. 2011)Annotate this Case
Defendant was sentenced to 144 months in prison after pleading guilty to conspiracy to commit armed bank robbery, 18 U.S.C. 371; armed bank robbery, 18 U.S.C. 2113(d); and use of a firearm during and in relation to a crime of violence, 18 U.S.C. 924(c)(1). He appealed enhancement of his sentence under USSG 3C1.2 for recklessly endangering others while fleeing from law enforcement officers, which was based on his participation in a conspiracy to commit armed robbery. He was merely a passenger in the car which was driven recklessly by a co-conspirator. The Third Circuit remanded for resentencing without the enhancement. Application of a 3C1.2 enhancement based on the reasonable foreseeability of a confederate's reckless endangerment during flight, using the generally applicable standard of 1B1.3(a)(1)(B), would enhance a defendant's sentencing without him having engaged in the specific conduct set forth with respect to the reckless endangerment.