Block on Trump's Asylum Ban Upheld by Supreme Court
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.
On remand from the Supreme Court of the United States
Submitted: July 8, 2009
Filed: August 14, 2009
Before WOLLMAN, MURPHY, and BYE, Circuit Judges.
Per Curium Opinion