US v. Mills, No. 06-2306
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