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.
Read US v. Mills, No. 06-2306
Appellate InformationOn remand from the Supreme Court of the United StatesSubmitted: July 8, 2009Filed: August 14, 2009
JudgesBefore WOLLMAN, MURPHY, and BYE, Circuit Judges.Per Curium Opinion
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