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Walkaway Escapes Not ACCA Predicates

By Shari Allison

U.S. v. Shipp, 2009 WL 4827367 (12/16/09) (Published) - A great defense win and a reason to encourage clients who suffered from the former case law that walkaway escapes were violent felonies and crimes of violence to file 2255s before Jan. 13, 2010. The defendant had contended on appeal that his prior walkaway escape should not have counted as a violent felony under the ACCA. The 10th Circuit, by virtue of its precedent, rejected the claim. Undaunted, the defendant filed a timely 2255 raising the same issue. While his 2255 denial was on appeal, the S. Ct. decided Chambers v. U.S., 129 S. Ct. 687 92009) on Jan. 13, 2009. The 10th decides the defendant's due process rights extend to the length of his sentence and due process was violated because his sentence was improperly enhanced...continue to full post

Full post as published by Tenth Circuit Blog on December 22, 2009 (boomark / email).