United States DC Circuit

162-month sentence based on guilty plea to one count of unlawful distribution of 50 grams or more of cocaine base, is vacated where the district court's holding that defendant's prior conviction for escape did not constitute a crime of violence under the career offender provision of the Sentencing Guidelines was in error.

Appellate Information

• Argued 12/01/2006
• Decided 12/15/2006
• Published 12/15/2006

Judges

• Before:  HENDERSON, RANDOLPH, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Elizabeth Trosman, Assistant U.S. Attorney, argued the cause for appellant.   With her on the briefs were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Roy W. McLeese, III, Assistant U.S. Attorney.  Thomas J. Tourish, Jr., Assistant U.S. Attorney, entered an appearance.


• For Appellees:
  
• A.J. Kramer, Federal Public Defender, argued the cause for appellee.   With him on the brief was Lisa B. Wright, Assistant Federal Public Defender.  Jonathan S. Jeffress, Assistant Federal Public Defender, entered an appearance.