context: If either of these two factors are found, "a substantial increase may be appropriate." The offense level involved here, see U.S.S.G. SS 2B1.2 ("Receiving, Transporting, Transferring, Transmitting, or Possessing Stolen Property"), does not reflect the risk of personal injury. That factor, therefore, along with the nature of the determination of "the extent to which death or serious injury was intended or knowingly risked," vests a great deal of discretion in the district court in this case.
citation_a.signal: cf.
citation_a.identifier: 795 F.2d 1410, 1415-16
citation_a.parenthetical: pre-Guidelines case, which, in an analogous situation, analyzed whether death resulted from defendant's conduct in terms of cause in fact and proximate cause
citation_a.sentence: See United States v. Melton, 883 F.2d 336 (5th Cir.1989) (30-year departure sentence under § 5K2.1 not excessive for death of kidnapping victim, who panicked and jumped out of kidnapper’s car); United States v. Salazar-Villarreal, 872 F.2d 121, 122 (5th Cir.1989) (upward departure under § 5K2.1 justified on the basis of “reckless flight” of defendant transporting illegal aliens “and the resulting death and injury which [flight] caused”); cf. United States v. Spinney, 795 F.2d 1410, 1415-16 (9th Cir.1986) (pre-Guidelines case, which, in an analogous situation, analyzed whether death resulted from defendant’s conduct in terms of cause in fact and proximate cause).
citation_b.signal: see
citation_b.parenthetical: 30-year departure sentence under SS 5K2.1 not excessive for death of kidnapping victim, who panicked and jumped out of kidnapper's car
citation_b.sentence: See United States v. Melton, 883 F.2d 336 (5th Cir.1989) (30-year departure sentence under § 5K2.1 not excessive for death of kidnapping victim, who panicked and jumped out of kidnapper’s car); United States v. Salazar-Villarreal, 872 F.2d 121, 122 (5th Cir.1989) (upward departure under § 5K2.1 justified on the basis of “reckless flight” of defendant transporting illegal aliens “and the resulting death and injury which [flight] caused”); cf. United States v. Spinney, 795 F.2d 1410, 1415-16 (9th Cir.1986) (pre-Guidelines case, which, in an analogous situation, analyzed whether death resulted from defendant’s conduct in terms of cause in fact and proximate cause).