United States v. Piccolo

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-
FRAZER SCOTT PICCOLO,  LRH/PAL
Defendant-Appellant. District of Nevada,
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
4416 UNITED STATES v. PICCOLO
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”.
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.