U.S. v. ROBERSON, III

No. 09-10519 Non-Argument Calendar.

591 F.3d 1337 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Dave ROBERSON, III, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 30, 2009.


Attorney(s) appearing for the Case

Edward J. Coleman, III (Court-Appointed), Surrett & Coleman, P.A., Augusta, GA, for Roberson.

James C. Stuchell, Savannah, GA, for U.S.

Before TJOFLAT, EDMONDSON and BLACK, Circuit Judges.


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. §§ 4B1.1(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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