Decisions in Criminal Matters Including Issue of Reckless Endangerment Enhancement

By FindLaw Staff on April 02, 2010 | Last updated on March 21, 2019

US v. Carter, No. 09-4451, involved a challenge to a district court's imposition of an enhanced sentence for a possession with intent to distribute cocaine base conviction.  Defendant argued that the district court clearly erred in applying the enhanced sentence in finding that he recklessly created a substantial risk of serious bodily injury when he entered another person's residence while fleeing from the police when that person was not present.  However, the court affirmed the sentence and held that regardless of whether the resident is present at the time of the entry, applying the reckless endangerment enhancement is appropriate. 

US v. Johnson, No. 08-4042, involved a defendant's Fourth Amendment challenge to his conviction for various drug and firearm offenses.  In affirming district court's denial of defendant's suppression motions, the court held that, based on initial police observations witnessing defendant making series of hand-to-hand exchanges with multiple people in a known open-air drug market and subsequent conduct of defendant in his encounter with the police, the district court correctly rejected defendant's motions to suppress evidence arising out of the events and sufficient evidence supported the conviction.

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