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U.S. v. CESPEDES

No. 10-3432.

663 F.3d 685 (2011)

UNITED STATES of America v. Dwayne CESPEDES, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: December 21, 2011.

Attorney(s) appearing for the Case

Benjamin B. Cooper, Esq. , Office of Federal Public Defender, Allentown, PA, David L. McColgin, Esq. , Nina C. Spizer, Esq. , Christy Unger, Esq. [Argued], Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, for Appellant.

Bernadette A. McKeon, Esq. [Argued], Office of United States Attorney, Philadelphia, PA, for Appellee.

Before: McKEE, Chief Judge, RENDELL and AMBRO, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

This case requires us to determine the minimum conduct in which a defendant must engage in order to qualify for a two-level enhancement pursuant to Sentencing Guidelines § 3C1.2 ("§ 3C1.2"), for recklessly creating a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer.

Defendant...

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