Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:21-cr-00663-1—James S. Gwin, District Judge.
Decided and Filed: March 11, 2024
Before: BATCHELDER, STRANCH, and DAVIS, Circuit Judges.
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OPINION
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DAVIS, Circuit Judge. Fred Golson, Jr., pleaded guilty to two counts of being a felon in
possession of a firearm and ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
Based on an offense level of 17 and a criminal history category of VI, Golson’s Sentencing
Guidelines range was 51 to 63 months’ imprisonment. In calculating Golson’s Guidelines range,
the district court added a two-level enhancement because it found that Golson’s flight from law
enforcement during one of the underlying incidents amounted to reckless endangerment pursuant
to U.S.S.G. § 3C1.2. The court ultimately sentenced Golson to 56 months’ imprisonment, three
years of supervised release, and a $200 special assessment. Golson challenges the imposition of
his sentence on procedural reasonableness grounds. Specifically, he maintains that the district
court erred in applying the two-level enhancement because he was not the driver of the vehicle at
the time of the incident. Because the undisputed facts of the case create a reasonable inference
that Golson was an active participant in the reckless flight from police, we AFFIRM. |