UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DAVE ROBERSON, III, Defendant-Appellant. 11th Circuit. Case No. 09-10519. Non-Argument Calendar. December 30, 2009. Appeal from the U.S. District Court for the Southern District of Georgia (No. 08-00059-CR-JRH-1).
(Before TJOFLAT, EDMONDSON and BLACK, Circuit Judges.)
(PER CURIAM.) Dave Roberson, III, appeals his 300-month sentence for robbery of a commercial business, in violation of 18 U.S.C. § 1951, and brandishing a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). Roberson asserts his prior Georgia conviction for a walkaway escape did not constitute a predicate “crime of violence” qualifying him for sentencing as a career offender under the Sentencing Guidelines. U.S.S.G. §§ 4B1.1(a), 4B1.2(a).
The Government concedes that, in light of the recent decision in Chambers v. United States, __ U.S. __, 129 S. Ct. 687 (2009) [21 Fla. L. Weekly Fed. S579a], “Roberson’s escape conviction, based upon a walkaway escape, did not constitute a crime of violence” under U.S.S.G. § 4B1.2. We agree with the Government’s concession. Thus, we vacate and remand for resentencing.
VACATED AND REMANDED.
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