CA8: Place of abandonment of gun near kids earns USSG enhancement

Abandonment of a gun in flight from the police earns defendant a two level USSG § 3C1.2 enhancement for endangering others because of where he tossed it where kids were around. United States v. Davidson, 2019 U.S. App. LEXIS 23826 (8th Cir. Aug. 9, 2019).

“The remainder of Matthews’ arguments amount to generalized complaints. For example, he says he was forced to write the motion to suppress. This allegation is belied by the record which contains a motion by counsel. Moreover, counsel moved forward with the motion to suppress and did his best to argue that the gun was not his and that he had a reasonable expectation of privacy in the gun.” No IAC. United States v. Matthews, 2019 U.S. Dist. LEXIS 134253 (E.D. Mich. Aug. 9, 2019).*

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