United States Fourth Circuit

Some form of direct or active participation that is consistent with Application Note Five is necessary in order for enhancement provisions of U.S.S.G. section 3C1.2 to apply; here, because relevant details, as to whether defendant aided or abetted, counseled, commanded, induced, procured, or willfully caused her co-defendant's reckless flight, are not in the record, sentence vacated and remanded for consideration of whether defendant's own conduct met the applicable standard set forth in Application Note Five.

Appellate Information

• Argued 12/05/2001
• Decided 04/08/2002
• Published 04/08/2002

Judges

• Before WIDENER and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  George Alan DuBois, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant.  Winnie Jordan Reaves, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.   ON BRIEF:  Thomas P. McNamara, Federal Public Defender, Raleigh, North Carolina, for Appellant.  John Stuart Bruce, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.