2009 FEDERAL SENTENCING GUIDELINES MANUAL
CHAPTER 3 - PART C - OBSTRUCTION AND RELATED ADJUSTMENTS
§3C1.2. Reckless Endangerment During Flight
If the defendant recklessly created a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer, increase by 2 levels.
1. Do not apply this enhancement where the offense guideline in Chapter Two, or another adjustment in Chapter Three, results in an equivalent or greater increase in offense level solely on the basis of the same conduct.
2. "Reckless" is defined in the Commentary to §2A1.4 (Involuntary Manslaughter). For the purposes of this guideline, "reckless" means that the conduct was at least reckless and includes any higher level of culpability. However, where a higher degree of culpability was involved, an upward departure above the 2-level increase provided in this section may be warranted.
3. "During flight" is to be construed broadly and includes preparation for flight. Therefore, this adjustment also is applicable where the conduct occurs in the course of resisting arrest.
4. "Another person" includes any person, except a participant in the offense who willingly participated in the flight.
5. Under this section, the defendant is accountable for his own conduct and for conduct that he aided or abetted, counseled, commanded, induced, procured, or willfully caused.
6. If death or bodily injury results or the conduct posed a substantial risk of death or bodily injury to more than one person, an upward departure may be warranted. See Chapter Five, Part K (Departures).
Historical Note: Effective November 1, 1990 (see Appendix C, amendment 347). Amended effective November 1, 1991 (see Appendix C, amendment 416); November 1, 1992 (see Appendix C, amendment 457).