Opinion
No. 06-30186, 06-30331. D.C. No. CR-05-00052-2-RFC.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
April 18, 2007.
Appeal from the United States District Court for the District of Montana Richard F. Cebull, District Judge, Presiding.
Before: O'SCANNLAIN, CLIFTON, and BEA, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Chuoi Sam and Yuri Chachanko appeal from the district court's judgment sentencing them to 221 months and 219 months, respectively, after pleading guilty to two counts of violating the Hobbs Act and one count of possession of a firearm in relation to a crime of violence, in violation of 18 U.S.C. §§ 924(c) and 1951. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Sam contends that the district court erred in applying a 2-level enhancement pursuant to U.S.S.G. § 3C1.2 because he was simply a passenger in the getaway car and the government failed to meet its burden of proving he was responsible for the driver's conduct during flight from the police.
Chachanko contends that the district court erred in applying a 2-level enhancement pursuant to U.S.S.G. § 3C1.2 because, although he was driving recklessly, there was no evidence of creating a substantial risk of death or serious bodily injury.
Based on the record before us and inferences drawn from the circumstances of the attempted getaway, we cannot say that the district court clearly erred in finding that the enhancement was warranted. See U.S.S.G § 3C1.2; United States v. Young, 33 F.3d 31, 32-33 (9th Cir. 1994) (reviewing factual findings for clear error).
AFFIRMED.