§3C1.2. Reckless Endangerment During Flight
Former §3C1.2, comment. (n.2) (Upward departure based on higher degree of culpability):
“Reckless” is defined in the Commentary to §2A1.4 (Involuntary Manslaughter). For the purposes of this guideline, “reckless” means that the conduct was at least reckless and includes any higher level of culpability. However, where a higher degree of culpability was involved, an upward departure above the 2-level increase provided in this section may be warranted.
Former §3C1.2, comment. (n.6) (Upward departure based on death, bodily injury, or conduct posing substantial risk of death or bodily injury to more than one person):
If death or bodily injury results or the conduct posed a substantial risk of death or bodily injury to more than one person, an upward departure may be warranted. See Chapter Five, Part K (Departures).
USSG §2A1.4, comment. (n.1) (Nov. 2024) defined “reckless” as follows:
“Reckless” means a situation in which the defendant was aware of the risk created by his conduct and the risk was of such a nature and degree that to disregard that risk constituted a gross deviation from the standard of care that a reasonable person would exercise in such a situation. “Reckless” includes all, or nearly all, convictions for involuntary manslaughter under 18 U.S.C. § 1112. A homicide resulting from driving a means of transportation, or similarly dangerous actions, while under the influence of alcohol or drugs ordinarily should be treated as reckless.