Vehicle passenger is subject to sentence enhancement for creating risk of injury to other persons during course of high speed chase

SENTENCING United States v. Wilfong, No. 05-6404, ___ F.3d ___ (10th Cir. Feb. 6, 2007)(W.D. Oklahoma). Appeal of sentence for conspiracy to use unauthorized access devices in violation of 18 U.S.C. § 371 and aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(1). HELD: District court did not clearly err by enhancing defendant’s sentence for reckless endangerment under U.S.S.G. § 3C1.2 where defendant was passenger, not driver, of car fleeing from police. U.S.S.G. § 3C1.2 provides for two-level sentence enhancement if defendant recklessly creates substantial risk of death or serious bodily injury to another person during course of fleeing from law enforcement officer. Evidence at trial showed that while defendant was passenger in fleeing car, he was also an active participant in high-speed chase because he was observed throwing incriminating papers out of car while driver attempted to outrun police. Read the opinion here.