United States v. Young
893 F.3d 777
10th Cir.2018Background
- Clifford Young was convicted under 18 U.S.C. § 922(g)(1) for possession of a firearm by a convicted felon and was sentenced with a two-level enhancement under U.S.S.G. § 3C1.2 for recklessly endangering others while fleeing law enforcement.
- Facts (largely undisputed): Young drove toward his ex‑girlfriend, threatened suicide in front of her, and fled from pursuing police; he threatened that he would shoot officers if they took action and said he had hollow‑point ammo and was a good shot.
- About 40 minutes into the pursuit, officers deployed spike strips; Young’s tires were punctured and his vehicle eventually stopped.
- Young remained in his car and engaged in an armed standoff with police for roughly 4½ hours before surrendering, refusing commands to exit or surrender his weapon.
- The district court applied the § 3C1.2 enhancement based on Young’s threats, the standoff, deployment of spike strips, flight, possession of a firearm, and statements indicating possible “suicide by cop.” Young appealed only the legal sufficiency of those facts to trigger the enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether facts suffice to apply U.S.S.G. § 3C1.2 (reckless endangerment while fleeing) | Young: verbal threats alone cannot constitute creating a substantial risk; standoff occurred after flight ended so not "during flight" | Government/District Court: threat plus subsequent armed standoff during resistance created a substantial risk and occurred "in the course of fleeing" | Affirmed: combination of threat and standoff created substantial risk; standoff falls within "during flight" (resisting arrest) |
Key Cases Cited
- United States v. Brown, 314 F.3d 1216 (10th Cir. 2003) (discusses standard of review for sentencing findings)
- United States v. Hamilton, 587 F.3d 1199 (10th Cir. 2009) (when defendant accepts facts but disputes legal sufficiency, appellate review is de novo)
- United States v. Bell, 953 F.2d 6 (1st Cir. 1992) (§ 3C1.2 punishes creating a risk, not merely the intent to create one)
- United States v. McDonald, 521 F.3d 975 (8th Cir. 2008) (applying § 3C1.2 where defendant barricaded and claimed a gun during prolonged standoff)
- United States v. Campbell, 42 F.3d 1199 (9th Cir. 1994) (applying § 3C1.2 to armed, barricaded standoff resisting officers)