United States v. Silva, 630 F.3d 754

Silva pled guilty to conspiracy to distribute more than 500 grams of methamphetamine under 21 U.S.C. § 846.
The district court sentenced Silva to 151 months, enhanced by two levels under § 3C1.2 for reckless endangerment during flight.
Police investigated Thompson’s cooperation and identified Silva as a meth source; Thompson arranged a transaction at a Comfort Inn in Omaha.
Officers blocked Silva in the motel parking lot; he refused to enter the room and drove around the lot while being pursued.
A collision occurred when officers attempted to box in Silva; an officer was injured, and Silva fled, ultimately turning himself in days later.
At sentencing, the PSR recommended the § 3C1.2 enhancement; Silva contested the enhancement, arguing he did not realize officers were police.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Rule 32 findings were adequate.	Silva argues the district court failed to make proper Rule 32(i)(3)(B) findings.	Silva contends the court did not rule on disputed matters as required.	Findings were sufficient under Rule 32(i)(3)(B).
Whether there was clear error in applying § 3C1.2 for reckless endangerment during flight.	Silva argues he did not know he was fleeing law enforcement.	The government shows the officers identified themselves and Silva fled despite that.	Evidence supported knowing flight; no clear error in applying § 3C1.2.

Moore v. United States, 242 F.3d 1080 (8th Cir. 2001) (credibility of witness findings near-unchallenged on review)
Bazaldua v. United States, 506 F.3d 671 (8th Cir. 2007) (review of reckless endangerment during flight)