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U.S. v. THOMAS

Nos. 02-3073, 02-3121 and 03-3053.

361 F.3d 653 (2004)

UNITED STATES of America, Appellee, v. Lawrence E. THOMAS, Appellant,

United States Court of Appeals, District of Columbia Circuit.

Decided March 16, 2004.

Attorney(s) appearing for the Case

Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellants. With her on the briefs were A. J. Kramer, Federal Public Defender, and Tony Axam, Jr. and Erica J. Hashimoto, Assistant Federal Public Defenders. Tony W. Miles, Assistant Federal Public Defender, entered an appearance.

Suzanne Grealy Curt, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and John R. Fisher, Barbara J. Valliere, and Stephen J. Gripkey, Assistant U.S. Attorneys.

Before: GINSBURG, Chief Judge, and GARLAND and ROBERTS, Circuit Judges.

GARLAND, Circuit Judge:

The defendants in these consolidated cases raise two questions under the United States Sentencing Guidelines. The first, which is a question of first impression in this circuit, is whether escape is a crime of violence under Guideline § 4B1.2(a)(2) — the guideline that defines the crimes that trigger career offender sentencing enhancements. The second question, upon which there is controlling precedent, is whether the district courts...

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