United States v. Frazer Scott Piccolo

BETTY B. FLETCHER, Circuit Judge.

Appellant Frazer Scott Piccolo appeals the district court’s determination that his conviction for walkaway escape from a halfway house is a “crime of violence” under United States Sentencing Guidelines (“Sentencing Guidelines” or “U.S.S.G.”) § 4B1.1 and that he is accordingly a “career offender” under that provision. Because we hold that the district court erred in determining that any escape is a crime of violence, we reverse and remand for resentencing.

I

On April 9, 2003, Piccolo, while residing at the Clark Community Corrections Center, a non-secure halfway…