United States v. 2006-04-19 | 04-10577 | USA VPICCOLO | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 UNITED STATES OF AMERICA, No. 04-10577
Plaintiff-Appellee, D.C. No.
v. CR-04-00083-
LRH/PAL  FRAZER SCOTT PICCOLO, District of Nevada,Defendant-Appellant. Las Vegas
ORDER

Filed April 20, 2006
Before: Betty B. Fletcher, John R. Gibson,* and
Marsha S. Berzon, Circuit Judges.
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. Bry-
ant” 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));”
*The Honorable John R. Gibson, Senior United States Circuit Judge for
the Eighth Circuit, sitting by designation.
4415

-- 1 of 4 --

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 return-
ing to a halfway house,” which “may not inherently
create a risk of harm to others”);” Add: “See”.
4416 UNITED STATES v. PICCOLO

-- 2 of 4 --

-- 3 of 4 --

PRINTED FOR
ADMINISTRATIVE OFFICE—U.S. COURTS
BY THOMSON/WEST—SAN FRANCISCO
The summary, which does not constitute a part of the opinion of the court, is copyrighted
© 2006 Thomson/West.

-- 4 of 4 --