United States Ninth Circuit

Defendant appeals from the district court's judgment sentencing him to 168 months' imprisonment for various drug and firearm offenses. The sentence is vacated and remanded for resentencing, where the district court erred in sentencing defendant as a career offender, since it erroneously concluded that his prior conviction for second degree escape in violation of Hawaii Revised Statutes section 710-1021 was a "crime of violence" as that term is defined by the U.S. Sentencing Guidelines.

Appellate Information

• Decided 04/03/2015
• Published 04/03/2015

Judges

• Tashima

Court

• United States Ninth Circuit

Counsel