the officers. The marked police car Franklin hit had its “emergency overhead lights on” and was parked on the side of the street. Despite the police car’s visibility, DEA “[ajgents did not observe brake lights being activated on the [truck Franklin was driving], and [Franklin] made no apparent attempt to avoid -the head-on collision.” Franklin made “a quick deliberate left turn ... into the ... parked police car.” Franklin’s counsel admitted at sentencing that Franklin’s behavior was “reckless.” The district court did not plainly err in determining the offi cer who suffered, as a result of Franklin’s conduct, eight broken ribs, a torn renal artery, kidney loss, and other serious injuries incurred a significant physical injury. See United States v. Reyes, 557 F.3d 84, 88 (2d Cir.2009) (<HOLDING>). Although the district court did not expressly
holding that departure from kidnapping guideline based on physical injury see ussg  5k22 ps and unlawful restraint see ussg  5k24 ps was not an abuse of discretion because although the heartland of the applicable guideline took these matters into account they were present to an extraordinary degree holding appeal of enhancement under ussg  3allb waived because it was an adjustment rather than an upward departure  holding that district courts error was not harmless because the court relied on an improper factor in imposing an upward departure holding harmless any error in departing upward under ussg  4a13 where district court alternatively imposed reasonable sentence as an upward variance holding an upward departure under ussg  5k22 was not error or an abuse of discretion where the victim suffered permanent and lifethreatening injuries