[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 96-2234
UNITED STATES,
Appellee,
v.
MIGUEL SANCHEZ-TORO,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Hector M. Laffitte, U.S. District Judge]
Before
Selya, Boudin and Stahl,
Circuit Judges.
Esther Castro Schmidt on brief for appellant.
Guillermo Gil, United States Attorney, Jose A. Quiles-Espinosa,
Senior Litigation Counsel, Jose Ruiz-Santiago, Assistant United States
Attorney, and Nelson Perez-Sosa, Assistant United States Attorney, on
brief for appellee.
July 18, 1997
Per Curiam. Upon careful review of the record and the
parties' briefs, we perceive no reason to overturn the
sentence enhancement imposed under U.S.S.G. 3C1.2 for
reckless endangerment during flight. Defendant's conduct
came within the terms of that section, in that he accelerated
his car toward a government agent who had to jump aside to
avoid impact. See U.S.S.G. 2A1.4 (defining "reckless").
Further, the district court was not required to credit
defendant's claim that he thought he was fleeing from would-
be assailants, particularly as the government agents
identified themselves before defendant attempted to flee. We
require no additional findings on that point. See Fed. R.
Crim. P. 32(c)(1); U.S.S.G. 6A1.3.
Finally, the district court was not disabled from making
the sentence enhancement by the parties' stipulation of
facts, which omitted the circumstances of defendant's flight.
The district court properly based defendant's sentence on all
the relevant facts, including those in the pre-sentence
investigation report, which facts defendant has not denied.
See U.S.S.G. 6B1.4(d).
Affirmed. See 1st Cir. R. 27.1.
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