United States v. Jones, No. 12-40877 (5th Cir. 2014)
Annotate this CaseDefendant appealed his sentence for being a felon unlawfully in possession of a firearm. The district court concluded that defendant's prior federal conviction for escaping from the custody of the BOP by leaving a halfway house was a "crime of violence" within the meaning of U.S.S.G. 4B1.2(a). The court concluded that it was bound by its en banc ruling in United States v. Charles, which permitted consideration of the conduct alleged in the indictment. The indictment underlying defendant's conviction alleged that he knowingly escaped from the custody of the BOP, by absconding from a halfway house in which he was lawfully confined. Thus, the conduct charged on the face of the indictment was that defendant absconded from a halfway house. Absconding from a halfway house does not categorically present a serious potential risk of physical injury to another. Accordingly, the court vacated the sentence and remanded for further proceedings.
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