United States v. Jordon Simmons

Appellant Jordan Simmons (“Simmons”) appeals from the judgment of the district court sentencing him to 168 months’ imprisonment. He contends that the district court erred in sentencing him as a career offender because it erroneously concluded that his prior conviction for second degree escape in violation of Hawaii Revised Statutes § 710-1021 was a “crime of violence” as that term is defined by U.S. Sentencing Guidelines (“Sentencing Guidelines” or “U.S.S.G.”) § 4Bl.l(a). We agree. We therefore vacate Simmons’ sentence and remand for resentencing.

I.

Simmons pleaded guilty, without a plea agreement, to six drug and firearm offenses. He was sentenced to 204 months’ imprisonment, followed by four years of supervised release. Simmons’ sentence was based, in part, on the district court’s determination that Simmons was a “career offender” under U.S.S.G. § 4Bl.l(a). Application of the career offender guidelines raised Simmons’ criminal history category from category III to category VI, which increased his advisory Guidelines sentencing range from 135-168 months’ imprisonment to 188-235 months’ imprisonment.

U.S.S.G. § 4B1.1 provides, in relevant part, that “[a] defendant is…