United States DC Circuit

The offense of escape is a crime of violence for purposes of applying a career offender enhancement per U.S.S.G. section 4B1.2(a)(2). District court erred by relying on one defendant's arrest record in denying his motion for a departure per section 4A1.3; but for its consideration of his 11 recent arrests without convictions, the court would likely have reached a different decision regarding the seriousness of his record.

Appellate Information

• Argued 12/09/2003
• Decided 03/16/2004
• Published 03/16/2004

Judges

• GARLAND, Circuit Judge:, Before:  GINSBURG, Chief Judge, and GARLAND and ROBERTS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellants.   With her on the briefs were A. J. Kramer, Federal Public Defender, and Tony Axam, Jr. and Erica J. Hashimoto, Assistant Federal Public Defenders.  Tony W. Miles, Assistant Federal Public Defender, entered an appearance.


• For Appellees:
  
• Suzanne Grealy Curt, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and John R. Fisher, Barbara J. Valliere, and Stephen J. Gripkey, Assistant U.S. Attorneys.