United States v. Bethea
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Vacated and remanded by published opinion. Judge GREGORY wrote the opinion, in which Chief Judge TRAXLER and Judge Shedd joined.
OPINION
GREGORY, Circuit Judge:
South Carolina makes it a crime “to escape,” and broadly defines the term to include both unlawfully leaving and failing to report to custody. S.C.Code An. § 24-13-410(A) (2009). We consider two questions regarding the relationship between this statute and the Amed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e) (2006), in this appeal: First, whether a conviction under the state’s escape statute necessarily constitutes a “violent…
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