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Harris: Fleeing Police at High Speed is "Crime of Violence"

By Tim Cone

In U.S. v. Harris, No. 08-15909 (Nov. 3, 2009), the Court affirmed reliance on a prior Florida state conviction for eluding a police officer at a high rate of speed as a ?crime of violence? for Guidelines criminal history sentence enhancement purposes.The Court noted that the elements of the offense were fleeing at high speed or a wanton disregard for safety, which are akin to crimes committed while aware that ?violence might ensue.? The Court stated that a person who fled police at a high speed is the kind of person who might point a gun and pull the trigger. The crime displays a ?callousness toward risk.? The conduct is also ?aggressive? because highways are populated with people. The Court cited cases on other Circuits which reached the same conclusion.continue to full post

Full post as published by Defense Newsletter Blog on November 03, 2009 (boomark / email).