USA v. Dave Roberson, III, No. 09-10519 (11th Cir. 2009)
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[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT Dec. 30, 2009 THOMAS K. KAHN CLERK No. 09-10519 Non-Argument Calendar ________________________ D. C. Docket No. 08-00059-CR-JRH-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVE ROBERSON, III, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Georgia _________________________ (December 30, 2009) 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 (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. 2
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