United States Sixth Circuit

Defendant's bank robbery sentence is vacated, where the District Court improperly sentenced Defendant as a career offender under U.S.S.G. section 4B1.1(a) because his previous conviction for a "walkaway" escape was not a "crime of violence" under the Sentencing Guidelines.

Appellate Information

• Decided 03/18/2009
• Published 03/18/2009

Judges

• Before: MERRITT, COLE and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Andrew Martin Stephens, Andrew M. Stephens & Associates, Lexington, Kentucky, for Appellant.  Charles P. Wisdom, Jr., Robert M. Duncan, Jr., Assistant United States Attorneys, Lexington, Kentucky, for Appellee.