172133P.pdf   11/27/2018  United States  v.  Stephon Treavon Reggs
   U.S. Court of Appeals Case No:  17-2133
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Arnold, Author, with Colloton and Shepherd, Circuit Judges] 
   Criminal case - Sentencing Guidelines. The district court erred in 
   imposing a two-level enhancement under Guidelines Sec. 3C1.2 based on its 
   conclusion defendant recklessly created a substantial risk of death or 
   serious injury during his flight from police; the record does not 
   establish defendant aided, abetted, counseled, commanded, or induced the 
   driver of their vehicle to flee; while flight might have been reasonably 
   foreseeable under the circumstances, that is insufficient to warrant 
   imposition of the enhancement; based on this record the court could not 
   say defendant's flight on foot aided and abetted the flight of his 
   co-conspirator; remanded for resentencing on the record already before the 
   district court.