United States v. Melendez, 57 F.4th 505

Steven Melendez pled guilty (no plea agreement) to conspiracies to possess with intent to distribute and to distribute >500 grams of methamphetamine and stipulated to a Factual Basis.
The PSR assessed base offense level 34, applied a 2-level U.S.S.G. § 3C1.2 enhancement for recklessly creating a substantial risk of death or serious bodily injury while fleeing law enforcement, citing that during a vehicle pursuit Melendez “lost several ounces because he threw it out during the car chase.”
After a 3-level acceptance reduction the total offense level was 33; with criminal-history category VI the guideline range was 235–293 months.
The district court sentenced Melendez to 290 months; Melendez did not object to the PSR or sentence and timely appealed.
On appeal Melendez argued the § 3C1.2 enhancement lacked an adequate evidentiary basis (ambiguity about the discarded drug, quantity, and whether he was the driver); the government and the court relied on the PSR/Factual Basis.
The Fifth Circuit reviewed for plain error and whether the enhancement was plausible in light of the record and applicable precedent, and affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of § 3C1.2 enhancement (reckless endangerment while fleeing)	PSR/Factual Basis shows Melendez discarded several ounces of meth during a police chase, creating substantial risk to others	PSR ambiguous as to drug type and quantity; small amount or marijuana could have been discarded; he may not have been the driver	Affirmed: record plausibly supports enhancement; discarding several ounces of meth amid a chase can create substantial risk
Reliance on PSR without further inquiry	PSR bears sufficient indicia of reliability; Melendez offered no rebuttal evidence	PSR statements lack adequate evidentiary basis to support enhancement	Affirmed: district court may rely on PSR absent objection/rebuttal; plain-error standard applies and no reversible error shown

United States v. Lima-Rivero, 971 F.3d 518 (5th Cir. 2020) (throwing a large quantity of a dangerous drug into a residential neighborhood supports the reckless-endangerment enhancement)
United States v. Stricklin, 290 F.3d 748 (5th Cir. 2002) (describing methamphetamine as dangerous and sometimes lethal)
United States v. Kelley, 40 F.4th 276 (5th Cir. 2022) (upholding § 3C1.2 where defendant discarded a loaded pistol in a public area while fleeing)
United States v. Lucio, 985 F.3d 482 (5th Cir.) (pre-sentence report generally bears sufficient indicia of reliability for sentencing findings)
United States v. Anguiano, 27 F.4th 1070 (5th Cir. 2022) (noting methamphetamine dosing and highlighting its dangerousness)