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U.S. v. Conley, No. 96-3255 (10th Cir.) (131 F.3d 1387) (December 15, 1997) (Judge David M. Ebel)

Here the Court affirmed the use of the reckless endangerment enhancement in USSG § 3C1.2 for non-drivers of the getaway vehicle, since they were armed, supporting the conclusion that they had control over the driver who was unarmed.

In this case the getaway driver testified during his trial that he ...

 

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