United States v. Newton

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-40335 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MITCHELL LYNN NEWTON, Defendant-Appellant. _____________________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:96-CR-51-1 _______________________________________ November 19, 1997 Before JONES, SMITH and STEWART, Circuit Judges. PER CURIAM:* Mitchell Lynn Newton appeals his sentence for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1). Newton contends that the district court erred by enhancing his base offense level by two levels pursuant to U.S.S.G. § 3C1.2 for reckless endangerment during flight. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. We have reviewed the record and the briefs of the parties and hold that the district court’s application of § 3C1.2 was not clearly erroneous. Newton, while resisting arrest, “recklessly created a substantial risk of death or serious bodily injury to another person . . . .” when he accelerated his vehicle in reverse toward a police officer. See § 3C1.2. AFFIRMED.