United States v. Jordon Simmons

OPINION

TASHIMA, Circuit Judge:

Appellant Jordan Simmons (“Simmons”) appeals from the judgment of the district court sentencing him to 168 months’ imprisonment. He contends that the district court erred in sentencing him as a career offender because it erroneously concluded that his prior conviction for second degree escape in violation of Hawaii Revised Statutes § 710-1021 was a “crime of violence” as that term is defined by U.S. Sentencing Guidelines (“Sentencing Guidelines” or “U.S.S.G.”) § 4Bl.l(a). We agree. We therefore vacate Simmons’ sentence and remand for resentencing.

I

Simmons pleaded…