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U.S. v. BETHEA

No. 09-4333.

603 F.3d 254 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew Jermaine BETHEA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 27, 2010.

Attorney(s) appearing for the Case

ARGUED: Michael A. Meetze, Office of the Federal Public Defender, Florence, South Carolina, for Appellant. Carrie Ann Fisher, Office of the United States Attorney, Florence, South Carolina, for Appellee. ON BRIEF: W. Walter Wilkins, United States Attorney, Columbia, South Carolina, Rose Mary Parham, Assistant United States Attorney, Office of the United States Attorney, Florence, South Carolina, for Appellee.

Vacated and remanded by published opinion. Judge GREGORY wrote the opinion, in which Chief Judge TRAXLER and Judge Shedd joined.

OPINION

GREGORY, Circuit Judge:

South Carolina makes it a crime "to escape," and broadly defines the term to include both unlawfully leaving and failing to report to custody. S.C.Code Ann. § 24-13-410(A) (2009). We consider two questions regarding the relationship between this statute and the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e) (2006), in this appeal: First, whether a conviction under the state's escape statute necessarily constitutes...

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