U.S. v. Harris

Defendant pled guilty to robbery and appealed from his sentence, arguing that the district court erred when it found he recklessly created a substantial risk of death or serious bodily injury to another when he fled from a law enforcement officer. The presentence investigation report recommended a two-level enhancement based on his having driven at excessive speeds despite weather-related hazardous road conditions, including running through stops signs and red lights and ultimately colliding with a police car. Defendant objected to the enhancement, arguing that there was no reliable evidence that he was driving recklessly and that no police officer was ever in pursuit of him. The Seventh Circuit affirmed, finding that the district court did not clearly err when it based its finding on testimony of a co-defendant and dashcam recordings. (SCUDDER and MALDONADO, concurring)