[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
Dec. 30, 2009
No. 09-10519
THOMAS K. KAHN
Non-Argument Calendar
CLERK
________________________
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.
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