US v. Burnley: Burnley pleaded guilty to a drug conspiracy. The charges arose from a traffic stop where Burnley, the driver, fled the scene, "rolling over" an officer's foot in the process (he was not injured). At sentencing, his sentenced was enhanced for reckless flight and for being a "manager or supervisor" of the drug conspiracy. He was sentenced to 264 months in prison, a significant downward variance from the applicable Guideline range.
On appeal, the Fourth Circuit affirmed the reckless flight enhancement, but vacated the manager or supervisor enhancement. On the reckless flight enhancement, the court agreed with Burnley that flight in a vehicle, standing alone, is not sufficient to trigger the enhancement. However, "there clearly was, in fact, something more here" and the "danger that Burley's flight created at that moment alone," when he ran over the officer's foot, was sufficient. On the leadership enhancement, the court did not conclude that it was not warrant, but did conclude that the district court had not sufficiently explained its basis for imposing the enhancement. In particular, the district court failed to consider the seven factors set forth in United States v. Cameron, 573 F.3d 179 (4th Cir. 2009), as required when deciding whether the enhancement applies. The explanation given by the district court was "insufficient to facilitate meaningful appellate review." Therefore, the court vacated Burnley's sentence and remanded for further proceedings.
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