US v. Shamauri Shivers, No. 21-4091 (4th Cir. 2022)
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Defendant appealed his sentence for Hobbs Act robbery, asserting that the district court erred in applying the U.S.S.G. Section 3C1.2 sentencing enhancement for reckless endangerment during flight when he discarded a loaded firearm in view of pursuing law enforcement officers.
The Fourth Circuit vacated the sentence and remanded to the district court for resentencing without application of the Section 3C1.2 enhancement. The court agreed with Defendant that the record does not reflect sufficient evidence that he created a substantial risk of death or serious bodily injury to another person when he fled from police. The court explained that the Government relies on this exchange to support its contention that any error in applying the enhancement was harmless. But even if the Guidelines range—and, therefore, the enhancement—was not a “significant factor” in the court’s sentence, the district court did not say that the enhancement was irrelevant to its sentencing decision despite several opportunities to do so.
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