USCA1 Opinion
[NOT FOR PUBLICATION]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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