United States of America v. Andrei Taylor

In the
United States Court of Appeals
For the Seventh Circuit
____________________
No. 24-1914
U NITED S TATES OF A MERICA,
Plaintiff-Appellee,
v.
A NDREI TAYLOR ,
Defendant-Appellant.
____________________
Appeal from the United States District Court for the
Northern District of Illinois, Eastern Division.
No. 1:22-cr-00510-1 — John J. Tharp, Jr., Judge.
____________________
A RGUED S EPTEMBER 4, 2025 — DECIDED D ECEMBER 3, 2025
____________________
Before BRENNAN , Chief Judge, and K OLAR and
M ALDONADO, Circuit Judges.
BRENNAN , Chief Judge. As Andrei Taylor ran from police,
he tossed a loaded gun over a fence into a backyard. He later
pleaded guilty to being a felon in possession of a firearm. 18
U.S.C. § 922(g)(1). The government sought to enhance Tay-
lor’s sentence under U.S. Sentencing Guideline § 3C1.2 for
recklessly endangering others when he threw the gun. The
government also believed Taylor had previously used the gun

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2 No. 24-1914
in furtherance of a murder, so it asked the district court to ap-
ply a higher base offense level to calculate the sentence under
Guideline § 2K2.1(c).
The district court agreed with the government and sen-
tenced Taylor to 15 years in prison—the statutory maximum.
On appeal, Taylor argues neither the enhancement nor the el-
evated base offense level should apply to him. He also claims
the sentence was substantively unreasonable. Because his ar-
guments are unpersuasive, we affirm the district court.
I.
A. Facts
The issues in this appeal implicate a murder and a police
chase that occurred on separate dates in September 2022.
The murder. Taylor was a member of the Cali Boys, a gang
that promoted their ability to kill their “opps” (opponents).
Kadaivion Jones was a member of the Gangster Disciples, a
rival gang of the Cali Boys.
On September 2, Kevon Bonner, a fellow Cali Boy, picked
up a stolen white Dodge Durango SUV from a repair shop.
From about 6:02 p.m. to 6:23 p.m., cell phones associated with
Taylor, Bonner, and Quincy Phillips—a third Cali Boy—
“pinged,” that is, sent to or received signals from a nearby cell
tower. Although such communications do not reveal the exact
location of the phone or who held it, the three phones all
pinged the same tower for about 20 minutes.
At 6:24 p.m., video captured the same Dodge Durango and
a Chrysler 300 sedan traveling in tandem in a direction away
from the cell tower. At 6:29 p.m., Taylor’s and Bonner’s phones
both pinged a tower located about 500 meters from where

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No. 24-1914 3
Jones was killed. Just after those communications stopped,
video recorded the cars approaching Jones while he walked
down a sidewalk. The two cars pulled up to Jones. At least one
person shot a gun from the passenger side of the Chrysler,
and at least two people exited the Dodge and fired shots at
Jones. The shots continued to strike Jones as he tried to get up
from the ground and escape. Police later recovered some
9mm shell casings from the scene. Jones died en route to the
hospital from multiple gunshot wounds.
Minutes after the shooting, Taylor went online to post
about it and look for related news. Around 6:41 p.m., Taylor
posted a Facebook status, stating “Ooowwww.” Then he
searched Facebook for “Kadaivion Jones.” Later that night,
Taylor posted, “I'm so happy I ain’t got no opp cousins ‘cause
I be all over they ass.” He also searched for Facebook accounts
that post news of murders and other crimes in Chicago. This
was not the first time Taylor searched Facebook for Jones and
a shooting. A week before, shots were fired at Jones and his
girlfriend, and Taylor searched Facebook for “Kadaivion
Jones.”
A few hours after Jones’s murder, Bonner was arrested
while driving the same Chrysler from the videos. DNA, fin-
gerprints, and a paper trail tied Bonner to evidence recovered
from the Chrysler and the Dodge. Hours later, Taylor sent
several messages in a group chat, urging people to start a new
group chat because the police now had Bonner’s phone.
The police chase. On September 19, three armed men stole a
car at gunpoint. When police caught up to the stolen car and
flashed their lights at it, four men sprang out of the car and
fled. Taylor, first out of the car, bolted into a neighborhood.
As he ran through the streets, he tossed a loaded 9mm Glock

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4 No. 24-1914
pistol over a fence into a backyard. Shortly afterward, police
detained Taylor and recovered the gun.
A grand jury indicted Taylor for possessing a firearm as a
felon in violation of 18 U.S.C. § 922(g)(1). Taylor pleaded
guilty pursuant to a written plea agreement. It anticipated a
sentencing guidelines range of 46 to 57 months, depending on
the application of a reckless-endangerment enhancement.
B. Sentencing
Sentencing Guideline § 2K2.1 applies to the offense of
felon in possession of a firearm under § 922(g)(1). United
States v. Jones, 313 F.3d 1019, 1021–22 (7th Cir. 2002). The base
offense level here was 20 because the crime involved a semi-
automatic firearm capable of accepting a large capacity mag-
azine, and Taylor’s prior felonies prohibited him from
possessing a firearm. U.S. S ENT’ G GUIDELINES M ANUAL
§ 2K2.1(a)(4)(B). In its presentence investigation report
(“PSR”), the probation office added a two-level enhancement
for reckless endangerment because Taylor fled from the po-
lice in a residential neighborhood and threw a loaded firearm
into a homeowner’s backyard. See U.S.S.G. § 3C1.2. After a
three-level decrease because Taylor accepted responsibility,
the total offense level was 19. The PSR did not mention any
murder allegations.
After the PSR was completed, but before sentencing, the
government informed defense counsel of evidence linking
Taylor to the Glock used in Jones’s murder. The parties
agreed to delay submitting sentencing memoranda so the
government could produce discovery relating to Jones’s mur-
der. Based on that new evidence, the government asked the
court to calculate the sentence by cross-referencing a higher

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No. 24-1914 5
base offense level under the homicide Guidelines. Instead of
using the base offense level of 20 for a felon-in-possession vi-
olation, the government argued for a base offense level of 43
for first-degree murder because the new evidence showed
that Taylor participated in the killing of Jones.
Taylor objected. To him, the reckless-endangerment en-
hancement did not apply. And the higher base offense level
for murder should not be used. He argued that because Illi-
nois could still prosecute him for that crime, it would be un-
fair to hold him accountable for murder based on evidence
subject to weaker procedural protections and on a lesser
standard of proof. So to Taylor, his sentencing guideline
range—without the enhancement and the increased offense
level—should run from 37 to 46 months.
Over the course of three sentencing hearings, the district
court examined expert testimony, witness interviews, shell
casings recovered from the murder scene, cell tower infor-
mation, surveillance footage, and Taylor’s Facebook activity.
Based on a preponderance of the evidence, the district court
concluded that Taylor was culpable in the murder of Jones.
But the court declined to find that Taylor fired one of the mur-
der weapons. The court then asked the parties to brief
whether the § 2K2.1(c) cross-reference could be applied with-
out a finding that Taylor possessed the Glock during the mur-
der.
After the parties’ briefing and arguments, the district court
applied the § 2K2.1(c) cross-reference, reasoning that Taylor
was “accountable for the possession of the Glock during that
murder because he was an aider and abettor in that murder.”
For the reckless-endangerment enhancement, the court found
that when Taylor tossed the gun over the fence, he did not

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6 No. 24-1914
know where the police were, whether anyone was in the back-
yard, or where the gun would land. Neither was there a basis
for the court to infer anything about the gun’s safety features.
Taylor was reckless in not knowing any of these things, so the
court applied the § 3C1.2 enhancement. The court then
considered the sentencing factors under 18 U.S.C. § 3553(a),
including the need to impose a sentence reflecting the serious-
ness of the offense, promoting respect for the law, deterrence,
and protecting the public. After weighing these factors, the
court imposed the statutory maximum sentence of 15 years.
Taylor timely appeals.
II.
Taylor raises three arguments on appeal. First, he
challenges the base offense level used in his sentence
calculation, contesting the court’s decision to apply
§ 2K2.1(c)’s cross-reference to the first-degree murder
Guidelines. Second, he claims the district court erred by
applying the Guidelines enhancement under § 3C1.2 for
reckless endangerment during flight from law enforcement.
Third, he argues the court abused its discretion by imposing
a substantively unreasonable sentence of 15 years, the
maximum penalty.
We review the district court’s application of the Sentenc-
ing Guidelines de novo. United States v. Shehadeh, 127 F.4th
1058, 1064 (7th Cir. 2025). Challenges to the court's underlying
factual determinations are reviewed for clear error. Id. The
clearly erroneous standard is deferential, and we will not dis-
turb the district court's findings unless, after examining the
evidence and the reasonable inferences, “we are left with the
definite and firm conviction that a mistake has been made.”
United States v. Ford, 22 F.4th 687, 691 (7th Cir. 2022) (citation

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No. 24-1914 7
modified).
To consider Taylor’s first argument about the accuracy of
the base offense level and application of the cross-reference,
we briefly review some concepts and definitions.
A. The Sentencing Guidelines
At sentencing, “the district court’s obligation is simply to
calculate the guidelines range correctly and arrive at a reason-
able sentence after weighing the sentencing factors in
§ 3553(a), varying upward or downward from the guidelines
range in its discretion.” United States v. Brown, 732 F.3d 781,
786 (7th Cir. 2013). The Guidelines provide a three-step pro-
cedure for districts courts to follow when calculating the
guidelines range. First, the court decides the applicable guide-
line section based on the charged offense. See U.S.S.G.
§§ 1B1.1(a)(1), 1B1.2. Next, the court determines the base of-
fense level, and applies specific offense characteristics, cross-
references, and special instructions. U.S.S.G. § 1B1.1(a)(2).
Then, the court “[a]ppl[ies] the adjustments as appropriate re-
lated to victim, role, and obstruction of justice from Parts A,
B, and C of Chapter Three.” U.S.S.G. § 1B1.1(a)(3). While this
framework is “advisory and cannot mandate a strict decision-
making sequence,” the “adherence to § 1B1.1 facilitates con-
sistency in sentencing and permits appellate courts to follow
the sentencing court’s reasoning in imposing a particular sen-
tence.” United States v. Pankow, 884 F.3d 785, 793–94 (7th Cir.
2018).
A cross-reference is an instruction to apply the offense
level from another Guideline, rather than the one provided by
the Guideline of the cited offense. U.S.S.G. § 1B1.5(a). It “au-
thoriz[es] a sentencing court to look to other guidelines

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8 No. 24-1914
provisions to impose a higher sentence on an offender under
certain circumstances.” Jones, 313 F.3d at 1022. Such refer-
ences may be used only if it results in a greater offense level.
U.S.S.G. § 1B1.5(d). By contrast, an offense-level enhancement
is added to the base offense level to reflect the defendant’s
conduct during the offense. See U.S.S.G. § 3C1.2. cmt. n.5. Af-
ter adjusting for the defendant’s acceptance of responsibility
and criminal history, the court determines the guideline range
“that corresponds to the offense level and criminal history cat-
egory.” U.S.S.G. § 1B1.1(a)(7).
Taylor was charged as a felon in possession of a firearm
under § 922(g)(1). The PSR, which did not consider any evi-
dence related to the murder, calculated the base offense level
as 20. But after the introduction of the murder evidence, the
district court applied a cross-reference to the first-degree mur-
der guideline resulting in a base offense level of 43. Then, the
court applied a 2-level enhancement under § 3C1.2 for reck-
less endangerment during flight, bringing the adjusted
offense level to 45. Finally, the court agreed with the PSR’s
recommendation to apply a 3-level reduction for Taylor’s ac-
ceptance of responsibility. This brought the final offense level
to 42. Based on Taylor’s criminal history category of IV, and
offense level 42, his Guideline range was 30 years to life, but
the statutory cap set a 15-year maximum sentence.
B. § 2K2.1(c) Cross-Reference
U.S.S.G. § 2K2.1, which governs felon-in-possession
convictions, provides for a higher base offense level by cross-
referencing the murder Guideline, § 2A1.1. When deciding
whether a cross-reference is appropriate, a court must
consider whether the uncharged offense is “relevant conduct”
to the charged offense. U.S.S.G. § 1B1.3; § 2K2.1(c)(1)(B).

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No. 24-1914 9
Essentially, a court is authorized to consider uncharged
conduct from “events before, during, and after the offense
conduct.’’ United States v. Ritsema, 31 F.3d 559, 567 (7th Cir.
1994). If the relevant conduct guideline allows for the
application of a cross-reference, the sentencing court may
then apply a higher base offense level from the analogous
offense guideline. See Jones, 313 F.3d at 1022. A homicide
cross-reference may apply when the firearm cited in the felon
in possession offense was also used or possessed in
connection with another offense which resulted in death.
U.S.S.G. § 2K2.1(c)(1)(B).
1. The text of § 2K2.1(c)
Our interpretation of § 2K2.1 begins and ends with the text
of the Guideline. The Sentencing Guidelines provide that a
defendant may receive a higher sentence if he “used or
possessed any firearm” in violation of § 922(g)(1) to commit
“another offense” resulting in death. U.S.S.G. § 2K2.1(c)(1). In
deciding the other “offense” to which § 2K2.1 refers, courts
must find “the most analogous offense” from the homicide
guideline section. U.S.S.G. § 2K2.1(c)(1)(b). Once found, the
Guideline from that offense is used to determine the new base
offense level. Id. For the cross-reference to apply, the firearm
used in the charged crime must also have been used in the
commission of the other crime. U.S.S.G. § 2K2.1(c)(1) cmt.
n.14(E). The firearm Taylor possessed in violation of
§ 922(g)(1) must have been the same firearm used in the mur-
der.
There is another step. In applying the cross-reference,
courts must ask if the uncharged act was “relevant conduct”
to the charged offense. See, e.g., Jones, 313 F.3d at 1022; United
States v. Galvan, 44 F.4th 1008, 1011 n.1 (7th Cir. 2022) (citing

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10 No. 24-1914
Jones, 313 F.3d at 1021–1022). Relevant conduct includes “all
acts and omissions committed, aided, abetted, counseled,
commanded, induced, procured, or willfully caused by the
defendant.” U.S.S.G. § 1B1.3(a)(1)(A).
At the final sentencing hearing, the district court correctly
concluded that § 2K2.1(c)’s cross-reference applies if “the de-
fendant possessed that firearm … in connection with … the
commission of another offense.” See U.S.S.G. § 2K2.1(c)(1).
The court then found that the firearm possession during the
flight from police was (1) the same offense as the firearm pos-
session on the day of the murder, (2) repeated and regular
throughout the 17-day period between the offenses, and (3)
within a brief interval of time (well within the 8-month win-
dow described in § 2K2.1 Application Note 14(E)). Thus, all
the factors supported the court’s conclusion that the un-
charged firearm possession on September 2 was part of the
same course of conduct as the charged possession on Septem-
ber 19. Accordingly, the gun possession on September 2 was
relevant conduct under § 2K2.1(c).
Taylor argues § 2K2.1(c)’s cross-reference cannot apply for
three reasons. First, the text of § 2K2.1(c) does not explicitly
apply agency principles in this context. That is true. But Ap-
plication Note 14(E) to § 2K2.1 requires considering § 1B1.3’s
relevant conduct provisions, which include “all acts and
omissions committed, aided, abetted, counseled, com-
manded, induced, procured, or willfully caused by the de-
fendant.” Jones, 313 F.3d at 1023 (quoting U.S.S.G.
§ 1B1.3(a)(1)(A)). Similarly, the Application Notes to § 1B1.3
address accomplice and conspiracy liability. See U.S.S.G.
§ 1B1.3 cmt. nn.3–4. Further, § 1B1.3 Application Notes 3 and
4 call for the consideration of “jointly undertaken criminal

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No. 24-1914 11
activity” as relevant conduct. Thus, for firearms offenses un-
der § 2K2.1, relevant conduct includes all acts that arise out of
the same course of conduct or common scheme or plan as the
charged offense. See, e.g., Jones, 313 F.3d at 1023; U.S.S.G.
§ 2K2.1(c)(1) cmt. n.14(E); United States v. Harper, 766 F.3d 741,
747 (7th Cir. 2014) (finding the firearm possession for a
weapon also in the defendant's possession hours earlier dur-
ing drug sales fell within the scope of relevant conduct). The
text of the Guidelines supports the consideration of agency
principles by recognizing aiding and abetting liability, as well
as coconspirator liability.
Second, Taylor submits § 2K2.1(c)’s specific requirement
that “the defendant used or possessed any firearm or ammu-
nition cited in the offense of the conviction” limits the reach
of § 1B1.3’s relevant conduct principles. Yet this court has
consistently affirmed sentence enhancements based on
agency or accomplice liability, even when the underlying
Guidelines provisions do not explicitly state such liability.
See, e.g., United States v. Jones, 900 F.3d 440, 445, 449 (7th Cir.
2018) (finding no error where the district court enhanced a
drug sentence under § 2D1.1(b)(1) based on a theory of con-
spirator liability); United States v. Bey, 748 F.3d 774, 778 (7th
Cir. 2014) (same under § 2B3.1(b) because it was reasonably
foreseeable to defendant that armed robbery coconspirator
would possess gun). Although § 2K2.1(c) is a cross-reference,
§ 2K2.1 Note 14(E)’s requirement of applying relevant con-
duct principles cuts against excluding agency liability under
§ 1B1.3 for cross-references but including it for enhancements.
Third, Taylor attempts to limit the applicability of
§ 2K2.1(c)’s text through analogies to other Sentencing Guide-
lines. He claims the text of § 2K2.1(c) (“[i]f the defendant used

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12 No. 24-1914
or possessed any firearm”) more closely resembles the active
voice of § 5C1.2(a)(2) than the passive voice of § 2D1.1(b)(1).1
He contends the use of the passive voice means that who pos-
sessed the firearm during an offense does not matter. Yet the
use of the active voice, like in § 2K2.1(c), requires that the
charged defendant possessed the gun.
But the text of § 2K2.1(c) refutes this argument. Although
Application Note 2 to § 5C1.2 limits a defendant’s liability to
“his own conduct and conduct that he aided or abetted,” Ap-
plication Note 14(E) to § 2K2.1(c) includes no such limitation.
Compare U.S.S.G. § 5C1.2 cmt. n.2, with U.S.S.G. § 2K2.1 cmt.
n.14(E). And even under § 5C1.2, a defendant is liable for
“conduct that he aided or abetted, counseled, commanded,
induced, procured, or willfully caused.” U.S.S.G. § 5C1.2 cmt.
n.2. Thus, § 5C1.2 incorporates the same kind of aiding and
abetting liability Taylor attempts to deny.
Application Note 14(E) to § 2K2.1(c) also requires a court
to consider the relevant conduct principles under § 1B1.3(a).
The district court met this requirement at the final sentencing
hearing. There, it correctly stated that the commentary to
§ 1B1.3(a)(1) expressly includes the relevance of aiding and
abetting and Pinkerton liability to decide whether conduct is
relevant.2
1 Compare § 5C1.2(a)(2) (“the defendant did not … possess a firearm”),
with § 2D1.1(b)(1) (“if a dangerous weapon [including a firearm] was pos-
sessed”).
2 Pinkerton v. United States, 328 U.S. 640, 646–47 (1946) (holding that
defendants are liable for reasonably foreseeable criminal acts of cocon-
spirators if such acts were in furtherance of the conspiracy).

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No. 24-1914 13
In sum, Taylor asks the court to diverge from Application
Note 14(E)’s requirement because “the application of relevant
conduct principles can vary based on the text of [the] [G]uide-
line involved.” That may be so. But when § 1B1.3 demands
consideration of relevant conduct based on the similarity, reg-
ularity, and time interval of the offenses, we follow the text as
written.
2. Actual possession
The district court applied the cross-reference here because
Taylor possessed the firearm in connection with the commis-
sion of another offense—the murder of Jones. Although the
court did not find that Taylor “personally had the Glock dur-
ing the course of the Jones murder,” it found Taylor “account-
able for the possession of the Glock” as “an aider and abettor
and a coconspirator.”
The two offenses shared relevant conduct. Both the
charged and uncharged offenses were for episodes of firearm
possession, the possession was repeated and regular, and the
interval between the offenses was brief.3 Thus, the court
found the firearm possession on September 2 to be relevant to
the firearm possession on September 19, or at least part of the
same course of conduct. Accordingly, § 2K2.1(c)(1) applied.
The court concluded “the base offense level is, therefore,
3 In the example in Application Note 14(E), a defendant is convicted
of unlawful possession of a shotgun on October 15. U.S.S.G. § 2K2.1 cmt.
n.14(E). The district court finds the defendant possessed and used the
same shotgun to commit a robbery on the preceding February 10, eight
months earlier, creating a relevant conduct bridge between the events. Id.
Accordingly, the February unlawful possession is part of the same course
of conduct as the October unlawful possession, and the cross-reference
applies. Id.

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14 No. 24-1914
drawn from Section 2A1.1(a), the first[-]degree murder sen-
tencing guideline, rather than the base offense level set out in
2K2.1.”
Even beyond the text of § 1B1.3’s relevant conduct provi-
sions, this court has applied both conspiracy and aiding and
abetting liability principles for firearm possession offenses.
We have decided a defendant was liable under § 922(g)(1) for
the use and possession of guns used in a robbery, despite only
“meager” evidence of personal possession because he helped
his coconspirators plan that robbery. United States v. Conley,
875 F.3d 391, 400–01 (7th Cir. 2017) (affirming a finding of li-
ability under a Pinkerton theory because the “use of firearms
was an essential part of the plan, … within the conspiracy’s
scope, and therefore foreseeable” to the defendant).
We have also concluded that aiding and abetting liability
existed under a Rosemond theory4 when a defendant did not
personally possess a gun, but (1) participated in a joint crimi-
nal activity, (2) sought to promote the objective, and (3) knew
a coconspirator possessed a gun. See United States v. Newman,
755 F.3d 543, 545 (7th Cir. 2014) (citing Rosemond v. United
States, 572 U.S. 65, 78 (2014)). For that reason, this court has
consistently recognized aiding and abetting liability in the ap-
plication of § 2K2.1(c)(1). See, e.g., Newman, 755 F.3d at 545;
Conley, 875 F.3d at 401. Here, the district court found that a
participant in the September 2 murder used the gun that Tay-
lor was charged with possessing on September 19. Because
4 Rosemond v. United States, 572 U.S. 65, 67 (2014) (holding that aiding
and abetting liability requires a defendant to “actively participate” in the
violent crime with “advance knowledge” that an accomplice will “use or
carry a gun during the crime’s commission”).

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No. 24-1914 15
Taylor had advance knowledge that the same firearm would
be used on September 2, he is liable under a Rosemond theory.
The court also found the murder to be “planned and pre-
cisely calculated” because “[a]ll the participants clearly knew
the plan, and … executed it perfectly.” No record evidence
suggests otherwise. Under our precedent, the district court
did not have to make a particularized finding of actual pos-
session. Thus, Taylor possessed the relevant firearm for the
purposes of § 2K2.1(c)(1).
For all these reasons, the district court adeptly and cor-
rectly calculated Taylor’s sentencing guidelines range, and
we reject Taylor’s challenge to the contrary.
C. § 3C1.2 Reckless Endangerment
Next, we turn to Taylor’s second argument that the district
court erroneously applied the sentencing enhancement for
reckless endangerment under U.S.S.G. § 3C1.2. The “[a]ppli-
cation of a reckless-endangerment adjustment is a factual
finding that we review for clear error.” United States v. Lard,
327 F.3d 551, 553 (7th Cir. 2003).
A two-level sentencing enhancement is warranted when
“the defendant recklessly created a substantial risk of death
or serious bodily injury to another person in the course of flee-
ing from a law enforcement officer.” U.S.S.G. § 3C1.2. A de-
fendant acts recklessly under § 3C1.2 when he is “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 de-
viation from the standard of care that a reasonable person
would exercise in such a situation.” U.S.S.G. § 3C1.2 cmt. n.2
(incorporating “reckless” as defined by § 2A1.4 cmt. n.1). “To
obtain the adjustment the government must show that the

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16 No. 24-1914
defendant did more than merely flee; the guideline requires
additional conduct that creates a substantial risk of serious in-
jury.” Lard, 327 F.3d at 553 (citation modified).
Taylor groups gun cases finding reckless endangerment
under § 3C1.2 into four categories: (1) risks to bystanders cre-
ated by police pursuit;5 (2) risks of accidental discharge of the
firearm by the fleeing person;6 (3) risks of accidental dis-
charge from a tossed firearm;7 and (4) risks of a child or other
non-responsible party finding a discarded firearm.8 He sub-
mits this case does not present any of these elevated-risk sce-
narios.
First, Taylor claims there was no “significantly heightened
risk” that his conduct would cause the police to fire their
weapons because the police were not pursuing him when he
possessed the Glock and no police officer saw him with a fire-
arm. Consequently, “there was no moment in this case when
any police officer ever had to decide […] whether to draw and
fire their weapons.” Second, Taylor claims there was little risk
he would accidentally discharge the Glock because when he
held the gun, he was “effectively alone” and gripped the gun
only briefly by the magazine to toss it. Third, the Glock’s “Safe
Action System” was designed to prevent accidental dis-
charges when dropped. Fourth, Taylor argues he tossed the
gun in an isolated part of a backyard where it took several
5 See, e.g., United States v. Easter, 553 F.3d 519, 522 (7th Cir. 2009); United
States v. Brooks, 100 F.4th 825, 836–37 (7th Cir. 2024).
6 See United States v. Shivers, 56 F.4th 320, 325–326 (4th Cir. 2022).
7 See, e.g., Brooks, 100 F.4th at 835–36; Lard, 327 F.3d at 552–54.
8 See Lard, 327 F.3d at 553 (citing United States v. Brown, 314 F.3d 1216,
1221 (10th Cir. 2003)).

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No. 24-1914 17
minutes for officers to find the gun, even after watching foot-
age of the gun being tossed.
At the final sentencing hearing, the district court made a
series of factual findings and rejected each of Taylor’s argu-
ments. Taylor did not know where the police were. And he
did not know whether anyone was in the backyard when he
tossed the gun over a tall, non-transparent fence. There could
have been adults or children in the backyard not visible to
him running down the sidewalk. Further, there was “no ba-
sis” to infer Taylor knew anything about the Safe Action Sys-
tem nor whether the system would “necessarily prevent a
trigger pull on a gun […] thrown into a yard.” Last, Taylor
did not “know the gun [would] land in a hard-to-access spot.”
The court found that Taylor was reckless “in not knowing any
of these things.” All these findings are afforded substantial
deference, so we conclude that the court correctly applied the
enhancement.
Taylor claims the district court’s factual findings fail to
meet the criteria established by previous rulings of this court.
Taylor points to Lard, which states, “the government must
show that the defendant did more than merely flee; the guide-
line requires ‘additional conduct’ that creates a substantial
risk of serious injury.” 327 F.3d at 553 (quoting United States
v. Reyes-Oseguera, 106 F.3d 1481, 1483 (9th Cir. 1997); see also
United States v. Hagan, 913 F.2d 1278, 1284–85 (7th Cir. 1990)).
But Taylor’s arguments fall short for several reasons. The
sentencing court’s factual findings are afforded substantial
deference. Brooks, 100 F.4th at 833. “The task on appeal is not
to see whether there is any view of the evidence that might
undercut the district court's finding; it is to see whether there
is any evidence in the record to support the finding.” Id.

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18 No. 24-1914
(quoting United States v. Wade, 114 F.3d 103, 105 (7th Cir.
1997)). Record evidence supports each of the court’s findings
here. Taylor knew he “toss[ed] a loaded gun into the backyard
of a resident,” even though he made the situation slightly
safer as he was no longer armed. Still, the § 3C1.2 enhance-
ment applies even when a defendant makes an extremely
reckless situation less reckless.
This court has applied the enhancement under § 3C1.2
when the defendant pulled out a gun while fleeing from the
police, regardless of whether the police saw the gun. United
States v. Brown, 716 F.3d 988, 996 (7th Cir. 2013) (applying en-
hancement because “brandishing of the gun during … flight
presented a substantial risk that an officer arriving on the
scene might discharge his gun in defense”); United States v.
Ingram, 40 F.4th 791, 796 (7th Cir. 2022) (citing Easter, 553 F.3d
at 524) (“Just reaching for a gun while fleeing is sufficient to
trigger” enhancement, especially when officers are closing in
on the defendant.). Taylor attempts to distinguish this case
from other reckless endangerment cases with “more egre-
gious facts.” But his conduct was still reckless, even if less so
than the defendants in other cases.
The district court’s factual findings here are sufficient to
support the § 3C1.2 enhancement. Thus, we reject Taylor’s
second argument and conclude that the enhancement was
properly applied.
D. Substantive Reasonableness
Third, Taylor argues he received a substantively unreason-
able sentence.
We review the substantive reasonableness of a sentence
for an abuse of discretion. United States v. White, 126 F.4th

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No. 24-1914 19
1315, 1323 (7th Cir. 2025). “‘We do not ask what sentence we
would impose; we ask whether the district judge imposed a
sentence for logical reasons that are consistent’ with the fac-
tors enumerated in § 3553(a).” Id. (quoting United States v.
Campbell, 37 F.4th 1345, 1352 (7th Cir. 2022)). This places a
“heavy burden” on the challenger. United States v. Kowalski,
103 F.4th 1273, 1280 (7th Cir. 2024) (quoting United States v.
Creek, 95 F.4th 484, 492 (7th Cir. 2024)). As a result, a sentence
within the properly calculated Guidelines range is granted
even greater deference and presumed reasonable. Id. (citing
United States v. Taylor, 907 F.3d 1046, 1051 (7th Cir. 2018)).
At the final sentencing hearing, the district court detailed
its consideration of the § 3553(a) factors. It discussed the na-
ture and circumstances of the crime, including the aggravat-
ing factors. The court acknowledged Taylor’s culpability for
the murder, even if it was uncertain that Taylor was one of the
shooters. It discussed Taylor’s past three convictions for un-
lawful firearm possession and the “enormous risk of recidi-
vism.” And though Taylor attempts to claim otherwise, the
court considered certain mitigating factors, including Taylor’s
family history, childhood upbringing, and physical and men-
tal health. Finally, the court rejected Taylor’s tail-wagging-
the-dog argument, remarking that this court has consistently
affirmed sentences based on conduct that satisfied only a pre-
ponderance of evidence standard. See, e.g., United States v.
Reuter, 463 F.3d 792, 793 (7th Cir. 2006); United States v. Mitch-
ell, 635 F.3d 990, 993, 995 (7th Cir. 2011); United States v. Valdez,
739 F.3d 1052, 1054 (7th Cir. 2014); Harper, 766 F.3d at 746.
Based on facts in the record, the district court found “by a
preponderance of the evidence, … Taylor was culpably in-
volved in the murder of … Jones.” The court acknowledged

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20 No. 24-1914
that even if Taylor’s possession of one of the murder weapons
17 days later was “certainly probative” that Taylor was one of
the shooters, the court was “not prepared to make a finding
by a preponderance of the evidence” on that fact. We con-
clude that as part of the district court’s § 3553(a) analysis, it
properly considered Taylor’s participation in Jones’s murder
rather than improperly rely on the murder as the chief moti-
vation for the sentence. The district court emphasized that
Taylor was “being sentenced for the danger that he presents
to the public and the danger he presented to the public on
September 19 and as evident by his conduct on September 2
in engaging in the relevant conduct that he engaged in.” It
also found that “Taylor represent[ed] a substantial risk to the
… safety of the public” and “[i]t [was] clear that a much more
serious sentence needs to be imposed in order to achieve the
objectives of sentencing set out in Section 3553(a).”
Taylor challenges the substantive reasonableness of the
sentence on three grounds. First, the murder cross-reference
was not incorporated into the PSR, so Taylor received no no-
tice of its application—only after the PSR was prepared did
the government procure evidence of the murder. But the court
rejected the PSR’s calculation because information about the
homicide was not incorporated. And at the change of plea
hearing, the court told Taylor his sentence could be up to a 15-
year maximum. Further, Taylor’s plea agreement about one
year before the sentencing hearing stated: “further review of
the facts or applicable legal principles may lead the govern-
ment to conclude that different or additional guidelines pro-
visions apply in this case.”
Taylor next raises the Supreme Court’s hypothetical in
Blakely v. Washington, 542 U.S. 296 (2004). That case involved

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No. 24-1914 21
state, rather than federal, sentencing law. Id. at 299. The pri-
mary claim in that case was a Sixth Amendment jury right
claim, not a challenge to the substantive reasonableness of the
sentence. Id. at 301. The facts admitted in the guilty plea in
Blakely could not sustain the higher sentence, and the sentence
violated the state statutory maximum of the convicted of-
fense. Id. at 304–05. Further, Taylor relies on dicta in Blakely
which did not address the substantive reasonableness of a
sentence but criticized a scenario where a trial judge “in-
crease[d] the punishment” based on post-conviction findings.
Id. at 306. There, the Court described a defendant convicted of
possessing a firearm as a felon, but sentenced for a murder, as
an “absurd result.” Id. Taylor contends he is similarly situ-
ated. Not so. Here, after a thorough discussion and consider-
ation of the § 3553(a) factors, the district court sentenced Tay-
lor within the statutory maximum and Guidelines range for a
felon in possession violation. So, we disagree that the hypo-
thetical from Blakely would apply here.
Last, Taylor argues the “extreme” factual separation be-
tween the charged and uncharged conduct makes the sen-
tence unreasonable. We considered and rejected this assertion
in our discussion of the § 2K2.1 cross-reference as without rec-
ord support. Notably, the district court found “Taylor’s pos-
session of the Glock on September 2nd … [to be] part of the
same course of conduct as his possession of the Glock on Sep-
tember 19th.” Indeed, the court considered and accepted the
government’s argument that “Taylor aided and abetted” in a
murder during which a participant used the same gun Taylor
was later charged with possessing. To the extent Taylor had
“advance[] knowledge that firearm would be used,” he re-
mained liable for the use of the firearm.

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22 No. 24-1914
There is a logical nexus between the sentence Taylor
received and the district court’s reasons for that sentence. Fur-
ther, the 15-year sentence did not exceed the statutory maxi-
mum for Taylor’s § 922(g)(1) conviction. See 18 U.S.C.
§ 924(a)(8). And, as we already concluded, the court properly
applied § 2K2.1’s cross-reference and § 3C1.2’s enhancement,
see supra §§ II.B–C, so the sentence was within the Guidelines
range. See U.S.S.G. § 5G1.1(a). In sum, Taylor was properly
sentenced under the statute and within the Guidelines, and
the court’s decision is well within its discretion considering
the facts of this case and our precedent.
III.
The district court did not clearly err in applying the cross-
reference for murder under § 2K2.1 or in applying the en-
hancement for reckless endangerment under § 3C1.2. The
court also did not abuse its discretion in imposing a 15-year
sentence. For these reasons, we A FFIRM .

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