United States v. Roberson, III

591 F.3d 1337, 2009 U.S. App. LEXIS 28771, 2009 WL 5125492

• Court: Court of Appeals for the Eleventh Circuit
• Decided: December 30, 2009
• Docket: 09-10519
• Status: Published

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.