United States v. Woodcook
United States v. Woodcook
Opinion of the Court
MEMORANDUM
Shane Jacob Woodcook appeals the district court’s enhancement of his sentence following his guilty plea conviction for interstate transportation of a stolen motor vehicle, 18 U.S.C. § 2312, theft of identity, 18 U.S.C. § 1028(a)(7), and interstate transportation of stolen property, 18 U.S.C. § 2314. Because the parties are familiar with the facts, we do not recite them in detail.
We vacate Woodcook’s sentence and remand for resentencing. The district court clearly erred in enhancing Woodcook’s advisory sentence for reckless endangerment pursuant to U.S.S.G. § 3C1.2, because its finding of risk of endangerment was without factual basis, leaving one with “a definite and firm conviction that a mistake has been committed.” Easley v. Cromartie, 532 U.S. 234, 242, 121 S.Ct. 1452, 149 L.Ed.2d 430 (2001).
Section 3C1.2 advises that the district court increase a Guideline recommendation by two levels “[i]f the defendant recklessly created a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer.” The record and findings in this case do not establish a “substantial risk of death or serious bodily injury,” nor do they establish such risk “to another person.” Although the district court found, and the government argued, that Woodcook posed a threat to himself in his flight from law enforcement, the commentary to § 3C1.2 defines “another person” as including “any person, except a participant in the offense who willingly participated in the flight.” U.S.S.G. § 3C1.2, cmt. 4. Consequently, Woodcook
Accordingly, we VACATE Woodcook’s sentence and REMAND to the district court with instructions that it resentence him without the § 3C1.2 enhancement.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.