UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DAVE ROBERSON, III, DEFENDANT-APPELLANT

11th Cir. | 2009-12-30
No. 09-10519
Before TJOFLAT, EDMONDSON and BLACK, Circuit Judges.
591 F.3d 1337 Court of Appeals for the Eleventh Circuit (2009) Positive Treatment
Cited by 46 cases
Opinion of the Court
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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