Punch and Jurists

U.S. v. Cook, No. 98-2581 (11th Cir.) (181 F.3d 1232) (July 20, 1999) (Judge Jr. Julian Abele Cook) by Here the Court held that the two-level enhancement for reckless endangerment during flight (USSG § 3C1.2) when applied to persons who were not driving the vehicle in question requires proof of …

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

U.S. v. Zagari, No. 96-1130, No. 599 (2nd Cir.) (111 F.3d 307) (April 17, 1997) (Judge James L. Oakes) by Court ruled that enhancement for "conscious or reckless risk of serious bodily injury" contained in USSG § 2F1.1(b)(4) could not be applied to crimes committed prior to enactment of Guideline …

U.S. v. Hall, No. 95-5314 (6th Cir.) (71 F.3d 569) (December 12, 1995) (Judge Gilbert S. Merritt) by In directing remand, the Court did state that the sentencing court could consider using the reckless endangerment provisions of USSG § 3C1.2 to increase the defenedant's sentence - but it was improper …