U.S. v. JIMENEZ

No. 02-40490.

323 F.3d 320 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo Conde JIMENEZ, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 28, 2003.


Attorney(s) appearing for the Case

Tony Ray Roberts, McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Kyle Blair Welch, Aurora Ruth Bearse, Houston, TX, for Defendant-Appellant.

Before KING, Chief Judge, DAVIS, Circuit Judge, and VANCE, District Judge.


KING, Chief Judge:

This appeal requires us to address the parameters of the "Reckless Endangerment during Flight" guideline in the United States Sentencing Guidelines. On the record before us, we affirm the Defendant's conviction and sentence.

I. FACTS AND PROCEDURAL HISTORY

At night on June 16, 2001, after pointing the barrel of a firearm at Juan F. Garcia, who was seated in his vehicle parked in front of a convenience store, Defendant Ricardo Conde...

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