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U.S. v. REYES-OSEGUERA

Nos. 96-50076, 96-50079.

106 F.3d 1481 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Gonzalo REYES-OSEGUERA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. David KIRSCH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 18, 1997.

Attorney(s) appearing for the Case

Stephen E. Webber, Los Angeles, California, for defendant-appellant Gonzalo Reyes-Oseguera.

Michael V. White, White & Lasting, Santa Monica, California, for defendant-appellant David Kirsch.

Lawrence Ng, Assistant United States Attorney, Los Angeles, California, for plaintiff-appellee.

Before: BRUNETTI, TROTT, and THOMAS, Circuit Judges.

TROTT, Circuit Judge:

Gonzalo Reyes-Oseguera and David Kirsch, codefendants, appeal the district court's application of a two-level sentence enhancement for reckless endangerment during flight, pursuant to USSG § 3C1.2. The court imposed the enhancement in Kirsch's case because he fled across a thoroughfare in medium to heavy traffic, and in Reyes-Oseguera's case because he fled from an armed officer, forcing the officer to wrestle with him to apprehend him....

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