Does a charge of endangering the lives of the arresting officers constitute obstruction of justice?

MultiRegion, United States of America

The following excerpt is from U.S. v. Smith, 988 F.2d 125 (9th Cir. 1993):

Smith contends the district court improperly enhanced his base offense level for endangering the lives of the arresting officers while attempting to flee. He does not challenge the court's findings of fact, but argues that the facts do not support an enhancement. We review this contention de novo, because "the question whether flight constitutes obstruction of justice 'turns primarily on the legal interpretation of a guideline term.' " United States v. Mondello, 927 F.2d 1463, 1465 (9th Cir.1991) (quoting United States v. Stroud, 893 F.2d 504, 507 (2d Cir.1990)).

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