United States Fourth Circuit

In a prosecution of a defendant for possession with intent to distribute cocaine base, district court's imposition of an enhanced sentence under guidelines section 3C1.2 is affirmed where the district court did not clearly err in applying the reckless endangerment enhancement to defendant's sentence, as it is appropriate when a defendant, during flight from the police, enters the residence of another person without that person's permission, regardless of whether that other person in present in the residence at time of the entry.

Appellate Information

• Argued 01/29/2010
• Decided 04/01/2010
• Published 04/01/2010

Judges

• Before WILKINSON and AGEE, Circuit Judges, and R. BRYAN HARWELL, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Jonathan D. Byrne, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Monica Lynn Dillon, Office of the United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF:Mary Lou Newberger, Federal Public Defender, Christian M. Capece, Assistant Federal Public Defender, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant Charles T. Miller, United States Attorney, Charleston, West Virginia, for Appellee.