holding that reasonable foreseeability provision of § lB1.3(a)(l)(B) does not apply to § 3C1.2 adjustment for reckless endangerment
How later courts described this case
- holding that reasonable foreseeability provision of § lB1.3(a)(l)(B) does not apply to § 3C1.2 adjustment for reckless endangerment
Written by the judges who cited it.
The opinion
ANDERSON, Chief Judge,
concurs specially.
ANDERSON, Chief Judge, concurring specially:
I concur in the result only. Because the district court was clearly erroneous in finding that the high speed chase was reasonably foreseeable, it is not necessary to address the difficult question of law which the majority resolves.
In this case, the government conceded at oral argument that both defendants got out of the car as soon as there was any forewarning of a high speed chase. Thus, any inference that a high speed chase was reasonably foreseeable was removed by the evidence in this case.