United States v. Golson, No. 23-3078 (6th Cir. 2024)
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In this case adjudicated by the United States Court of Appeals for the Sixth Circuit, Fred Golson, Jr. had pleaded guilty to two counts of being a felon in possession of a firearm and ammunition. The district court added a two-level enhancement to Golson's sentencing guidelines range, based on the assessment that his flight from law enforcement during one of the underlying incidents amounted to reckless endangerment. Golson challenged this enhancement, arguing that he wasn't the driver of the vehicle during the incident.
The appellate court affirmed the district court's decision. It found that, despite Golson not being the driver, the undisputed facts of the case created a reasonable inference that he was an active participant in the reckless flight from police. The court considered Golson's active participation in the crime, his extensive criminal record, his immediate flight from the crashed vehicle, and his subsequent involvement in another shooting and immediate flight from that scene as indicators of his active participation in the reckless flight. Consequently, the court found no error, plain or otherwise, in the district court's application of the two-level enhancement.
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