U. S. v. Piccolo

Full title: UNITED STATES OF AMERICA, Plaintiff-Appellee, v. FRAZER SCOTT PICCOLO…

Court: United States Court of Appeals, Ninth Circuit

Date published: Apr 20, 2006

No. 04-10577 (9th Cir. Apr. 20, 2006)

Opinion

No. 04-10577.

Filed April 20, 2006.

D.C. No.CR-04-00083-LRH/PAL. District of Nevada, Las Vegas.

Before: Betty B. Fletcher, John R. Gibson,^_ and Marsha S. Berzon, Circuit Judges.

_ The Honorable John R. Gibson, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.

ORDER

The opinion filed April 3, 2006, slip op. 3655, is hereby amended as follows:

1. Third line of slip op. 3666, before " United States v. Bryant" add the following: " United States v. Thomas, 361 F.3d 653, 657-60 (D.C. Cir. 2004) (concluding under a categorical approach that "the offense of escape is a crime of violence within the meaning of . . . § 4B1.2(a)"), vacated and remanded, 543 U.S. 1111 (2005) (remanding in light of United States v. Booker, 543 U.S. 220 (2005));"

2. Fourth line from the bottom of slip op. 3666, delete "Our view is that the powder-keg "approach taken by the other circuits proves too much." United States v. Thomas, 333 F.3d 280, 282 (D.C. Cir. 2003)." Add "In our view, the powder-keg rationale adopted by other circuits proves too much."

3. Third line of slip op. 3667, delete " See Thomas, 333 F.3d at 283 (distinguishing the case of "[a] prisoner not returning to a halfway house," which "may not inherently create a risk of harm to others");" Add: " See".