97 F.4th 477
7th Cir.2024Background
- Shazariyah Hibbett was a front-seat passenger in a car that fled police after being spotted for unlawfully tinted windows; police activated emergency lights and a dramatic flight ensued, captured on video.
- During the flight, driver Kenyesha Holliman ran stop signs, hit a parked car, and both individuals fled on foot; Hibbett dropped a loaded handgun.
- Hibbett was indicted as a felon in possession of a firearm and pleaded guilty.
- At sentencing, the district court applied a two-level enhancement for reckless endangerment during flight under U.S.S.G. § 3C1.2, based on evidence Hibbett induced Holliman to flee.
- Hibbett appealed the sentencing enhancement and challenged the local rule regarding custody of trial exhibits, arguing it conflicted with federal procedural rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Application of § 3C1.2 enhancement | Hibbett induced and participated in reckless flight from police, supporting enhancement. | Hibbett was merely a passenger and did not induce Holliman to flee; directive could have been before knowing police were involved. | Enhancement properly applied; evidence showed inducement and knowledge. |
| Conflict between Local Rule 79.1 and Fed. Rule Crim. P. 55 | Local rule is consistent with other district practices and does not impede appellate review or custody of exhibits. | Local rule improperly places exhibits under party control, not the clerk, conflicting with Fed. Rule Crim. P. 55. | No demonstrated harm to Hibbett; not the proper forum for collateral policy challenge to the local rule. |
Key Cases Cited
- United States v. Seals, 813 F.3d 1038 (7th Cir. 2016) (passenger's direct/active participation is necessary for enhancement under § 3C1.2)
- United States v. Brown, 843 F.3d 738 (7th Cir. 2016) (review of sentencing enhancements standard)
- United States v. Thomas, 294 F.3d 899 (7th Cir. 2002) (danger from high-speed flight in residential neighborhoods)
- United States v. Velasquez, 67 F.3d 650 (7th Cir. 1995) (high-speed flight from crime scene supports enhancement for reckless endangerment)