95 F.4th 456
6th Cir.2024Background
- Fred Golson, Jr. pleaded guilty to two counts of being a felon in possession of a firearm and ammunition related to two separate shooting incidents.
- During one incident, Golson was a passenger in a vehicle that fled from police at high speed in a residential area, ultimately crashing; Golson then fled on foot.
- The Presentence Report (PSR) recommended a two-level sentencing enhancement under U.S.S.G. § 3C1.2 for reckless endangerment during flight from law enforcement.
- Golson objected to the enhancement, arguing he was a passenger, not the driver, and did not facilitate the reckless flight.
- The district court overruled Golson’s objection and applied the enhancement, sentencing him to 56 months’ imprisonment; Golson appealed, challenging the procedural reasonableness of his sentence.
Issues
| Issue | Golson's Argument | Government's Argument | Held |
|---|---|---|---|
| Applicability of § 3C1.2 enhancement to a passenger in flight | Golson was not the driver, so he cannot be held liable | Golson was an active participant in flight from police | Enhancement properly applied; AFFIRMED |
| Preservation of the objection for appeal | Claimed objection was preserved by references in filings | Objection not clearly or specifically raised below | Issue not preserved; reviewed for plain error |
| Proper calculation of the Sentencing Guidelines range | Enhancement was not part of plea deal, should be omitted | Court not bound by plea agreement's offense level | Court can depart from stipulated level |
| Sufficiency of evidence to infer active participation | No direct evidence of inducing/facilitating the flight | Facts support inference of active contribution | Record supports inference; no error |
Key Cases Cited
- United States v. Byrd, 689 F.3d 636 (6th Cir. 2012) (enhancement for reckless endangerment requires finding passenger actively participated in or encouraged fleeing)
- United States v. Herrera-Zuniga, 571 F.3d 568 (6th Cir. 2009) (requirement of preserving objections for appellate review)
- United States v. Gall, 552 U.S. 38 (2007) (framework for procedural and substantive reasonableness in sentencing)