United States v. Savage, 488 F.3d 1232, ___, (9th Cir. Jun. 12, 2007) (Montana conviction of escape, in violation of Montana Code Annotated 45-7-306(2) (escape includes purposeful "fail[ure] to return to official detention following temporary leave granted for a specific purpose or limited time" as well as "knowingly or purposely elud[ing] official detention."), constitutes a crime of violence under U.S.S.G. 4B1.2(a) (including as "crimes of violence" offenses with an element of force, or a listed offense, "or otherwise involves conduct that presents a serious potential risk of physical injury to another.") for purposes of enhancing a sentence for a federal firearms offense, where plea colloquy revealed defendant's admission he escaped from a jail, as opposed to a facility from which he was permitted to enter and leave: "The potential risk of injury to others during an escape from a guarded facility is as great whether or not the escapee is observed and there is an attempt to stop him. Thus even were the facts of Savage's "clean getaway" noticeable under the modified categorical analysis, they would not bear on the potential for risk of injury to others.").

jurisdiction: 
Ninth Circuit

 

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