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United States Third Circuit


US v. Cespedes, 10-3432

Enhanced sentencing of defendant to a term of 144 months in prison is vacated where the district court erred in imposing a Section 3C1.2 enhancement for recklessly endangering others while fleeing from law enforcement officers based purely upon defendant's participation in a conspiracy to commit armed robbery, when he was merely a passenger in the car which was being driven recklessly by his co-conspirator.

Appellate Information

  • Decided 12/21/2011
  • Published 12/21/2011

Judges

  • RENDELL

Court

  • United States Third Circuit

Counsel

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