United States v. Roberson, III
UNITED STATES of America, Plaintiff-Appellee, v. Dave ROBERSON, III, Defendant-Appellant
Summary
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Opinion
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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