United States v. Zamora, 97 F.4th 1202

Kevin Alonso Zamora was arrested after fleeing from police on foot, carrying a loaded Glock 19 handgun unholstered in his waistband, which discharged and injured him during the chase.
Zamora pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
The Presentence Investigation Report included a two-level sentencing enhancement under USSG § 3C1.2 for reckless endangerment during flight, based on the risk created to others by Zamora’s conduct.
Zamora objected to the enhancement, arguing his actions did not rise to reckless endangerment because the streets were empty and he was the only one injured.
At sentencing, the district court found his armed, unholstered flight with a chambered gun that discharged constituted reckless behavior posing substantial risk of harm to others, including law enforcement and an occupied car at a Taco Bell.
The district court applied the enhancement, imposed a 60-month sentence (below the guideline range), and Zamora appealed the application of the enhancement.

Issue	Zamora's Argument	Government's Argument	Held
Was the enhancement for reckless endangerment under § 3C1.2 applicable?	Carrying a gun while fleeing, even if it discharged, was not reckless endangerment; did not create a substantial risk to others.	Running with a loaded, unholstered, chambered gun that discharged was reckless and posed risk to others nearby.	Enhancement properly applied; Zamora’s conduct was reckless and created substantial risk to others.

United States v. Conley, 131 F.3d 1387 (10th Cir. 1997) (flight must involve more than "mere foreseeability of reckless behavior" to support § 3C1.2)
United States v. Brown, 314 F.3d 1216 (10th Cir. 2003) (enhancement applies when additional reckless conduct during flight creates risk to others)
United States v. Matchett, 802 F.3d 1185 (11th Cir. 2015) (armed flight alone insufficient; enhancement requires flight plus specific reckless creation of risk)