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United States v. Roberson, III

UNITED STATES of America, Plaintiff-Appellee, v. Dave ROBERSON, III, Defendant-Appellant

United States v. Roberson, 591 F.3d 1337 (11th Cir. 2009)
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Court
Court of Appeals for the Eleventh Circuit · U.S. Courts of Appeals
Decided
December 30, 2009
Docket
No. 09-10519
Judges
Tjoflat, Edmondson, Black
Citations
591 F.3d 13372009 WL 51254922009 U.S. App. LEXIS 28771
Summary
Non-Argument Calendar.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Per Curiam

PER CURIAM:

Dave Roberson, III, appeals his 300-month sentence for robbery of a commercial business, in violation of 18 U.S.C. § 1951 , and brandishing a firearm during a crime of violence, in violation of 18 U.S.C. § 924 (c). Roberson asserts his prior Georgia conviction for a walkaway escape did not constitute a predicate “crime of violence” qualifying him for sentencing as a career offender under the Sentencing Guidelines. U.S.S.G. §§ 4Bl.l(a), 4B1.2(a).

The Government concedes that, in light of the recent decision in Chambers v. United States, - U.S. -, 129 S.Ct. 687 , 172 L.Ed.2d 484 (2009), “Roberson’s escape conviction, based upon a walkaway escape, did not constitute a crime of violence” under U.S.S.G. § 4B1.2. We agree with the Government’s concession. Thus, we vacate and remand for resentencing.

VACATED AND REMANDED.

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DepthCaseCited by
Chambers v. United States, 555 U.S. 122 (2009) 466

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