U.S. v. PICCOLO

No. 04-10577.

441 F.3d 1084 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Frazer Scott PICCOLO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 3, 2006.


Attorney(s) appearing for the Case

Franny A. Forsman and Arthur L. Allen, Las Vegas, NV, for the appellant.

Daniel G. Bogden and Patrick Walsh, Las Vegas, NV, for the appellee.

Before BETTY B. FLETCHER, JOHN R. GIBSON, and MARSHA S. BERZON, Circuit Judges.


BETTY B. FLETCHER, Circuit Judge.

Appellant Frazer Scott Piccolo appeals the district court's determination that his conviction for walkaway escape from a halfway house is a "crime of violence" under United States Sentencing Guidelines ("Sentencing Guidelines" or "U.S.S.G.") § 4B1.1 and that he is accordingly a "career offender" under that provision. Because we hold that the district court erred in determining that any escape is a crime of violence, we reverse...

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