US v. Bronson Gainey

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:10-cr-00336-WO-1 Copies to all parties and the district court/agency. [998746885].. [11-4467]

Appeal: 11-4467

Document: 25

Date Filed: 12/19/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-4467

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
BRONSON JERMAINE GAINEY,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. William L. Osteen, Jr.,
District Judge. (1:10-cr-00336-WO-1)

Submitted:

December 15, 2011

Decided:

December 19, 2011

Before GREGORY, SHEDD, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ames C. Chamberlin, LAW OFFICES OF AMES C. CHAMBERLIN,
Greensboro, North Carolina, for Appellant. Ripley Rand, United
States Attorney, Paul A. Weinman, Assistant United States
Attorney, Winston-Salem, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-4467

Document: 25

Date Filed: 12/19/2011

Page: 2 of 3

PER CURIAM:
Bronson Jermaine Gainey pled guilty to possession of a
stolen firearm and was sentenced to 120 months in prison.

On

appeal,

at

he

challenges

sentencing

to

apply

the

a

district

two-level

court’s

enhancement

decision
for

recklessly

creating a substantial risk of serious bodily injury or death
while

being

pursued

by

police

pursuant

Guidelines Manual § 3C1.2 (2010).
This

court

reviews

to

U.S.

Sentencing

Finding no error, we affirm.
the

district

court’s

factual

findings regarding a sentencing enhancement for clear error and
the

legal

States

interpretations

v.

Carter,

601

of

F.3d

the
252,

Guidelines
254

(4th

de

novo.

Cir.

United

2010).

An

individual’s acts are considered “reckless” when he “was aware
of the risk created by his conduct and the risk was of such a
nature
gross

and

degree

deviation

that

from

to

the

disregard
standard

of

that
care

person would exercise in such a situation.”

risk
that

constituted
a

a

reasonable

USSG §§ 2A1.4 cmt.

n.1, 3C1.2 cmt. n.2.
Here,

after

an

officer

attempted

to

detain

Gainey

while investigating a shots fired call, Gainey instructed the
driver of a car to “go, go, go,” while the officer was “at least
partly in the car.”

In addition, there was a firearm near

Gainey and a pit bull and three other individuals in the car, as
well as at least one other suspect on the street approaching the
2

Appeal: 11-4467

car.

Document: 25

Date Filed: 12/19/2011

Page: 3 of 3

We conclude that Gainey’s conduct during the pursuit was

sufficient to support the two-level increase.
Accordingly, we affirm Gainey’s sentence.

We dispense

with oral argument because the facts and legal contentions are
adequately

presented

in

the

materials

before

the

court

and

argument would not aid the decisional process.

AFFIRMED

3