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U.S. v. JOHNSON

No. 11-13621.

694 F.3d 1192 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Carrell JOHNSON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 10, 2012.

Attorney(s) appearing for the Case

Timothy J. Storino , Dahil Dueno Goss , Tracia M. King , Lawrence R. Sommerfeld , Sally Yates , Atlanta, GA, for Plaintiff-Appellee.

Whitman Matthew Dodge , Stephanie A. Kearns , Fed. Def. Program, Inc., Atlanta, GA, for Defendant-Appellant.

Before ANDERSON and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The defendant was a passenger in a getaway car whose driver led a dangerous police chase from the robbery of an Atlanta pharmacy. The defendant challenges the district court's application of a two-level sentencing enhancement for "recklessly creat[ing] a substantial risk of death or serious bodily injury ... in the course of fleeing from a law enforcement officer."

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