nclusion that a defendant does not have to subjectively know that his or her conduct created a serious bodily risk, is correct."); United States u. Johanson, 249 F.3d 848, 859 (9th Cir. 2001) ("We do not believe that a defendant can escape the application of the serious risk of injury enhancement by cla
Page: EFTA00027129 →eaningless, which is nonsensical in light of the Section's disjunctive phrasing, i.e., "conscious or reckless risk." See Maestas, 642 F.3d at 1321; Johanson, 249 F.3d at 858; Lucien, 347 F.3d at 56. The facts of this case, however, do not require that we decide today whether the enhancement applied by
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