Monday, March 08, 2010

Addo (not precedential): Federal Escape Felony Not A Crime of Violence

Addo v. Holder
No. 05-4076
Not Precedential
December 14, 2009

Judge Sloviter, McKee, and Ambro. Per Curiam on remand from the Supreme Court.

A conviction for escape under 18 USC 751(a) is not a crime of violence. Under the Supreme Court's decision in Chambers, failing to report to a penal institution was not a violent felony. Here, this particular person's conviction for escape was essentially a failure to report by not reporting to a community treatment center. Similar treatment seems proper for finding the failure to report not to qualify as a violent crime in Chambers as saying in this case that a failure to report is not a cirme of violence. Therefore, it is not an aggravated felony.


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