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JUN 13 2001
TENTH CIRCUIT
PATRICK FISHER
Clerk
No. 00-1272
(D.C. No. 98-CR-382-1-D)
(Colorado)
Defendant-Appellant.
offense level if the defendant created a substantial risk of death or serious injury
to another person in the course of fleeing from a law enforcement officer.
Another person is defined in the application notes as any person other than a
participant in the offense who willingly participated in the flight.
The record on appeal reveals that Mr. Ramsay and a coconspirator fled
from the police in the coconspirators automobile. Mr. Ramsay was driving and
was speeding past an elementary school when he lost control of the car. Mr.
Ramsay jumped from the vehicle, which then crashed into several parked cars.
Several other drivers were on the road, and because school was in recess the
playground was filled with children. In light of the above facts, which Mr.
Ramsay does not dispute on appeal, we find no error in the sentencing courts
application of this guideline.
After careful review of the entire proceedings, we conclude that the record
establishes no ground for appeal. We have found nothing in the record to indicate
that Mr. Ramsays guilty plea was not knowing and voluntary, nor do we discern
any error in the district courts application of the guidelines. We GRANT
counsels request to withdraw and we DISMISS the appeal.