United States Eighth Circuit

Sentence for escape and theft of government property is vacated and remanded where the court can not determine whether defendant's escape was a walkaway escape or an escape from a penal institution based on the limited factual record before the court. On remand, the court should analyze defendant's escape conviction in light of Chambers and Begay, and should apply a modified categorical approach to determine whether defendant's escape was a crime of violence under the sentencing guidelines.

Appellate Information

• Decided 08/14/2009
• Published 08/14/2009

Judges

Court

• United States Eighth Circuit

Counsel