Sentencing Commission Issues Report on Federal Escape Offenses

Prompted by a suggestion in a U.S. Court of Appeals decision, the U.S. Sentencing Commission has undertaken a data analysis of federal prisoner escape cases to determine whether the crime of escape qualifies as a “violent felony” for sentencing purposes.

A federal law, the Armed Career Criminal Act, states that an offender convicted under its provisions who has three or more prior convictions for a “violent felony” or serious drug offense must be sentenced to at least 15 years in prison.

The Commission’s report — in 12 pages and two appendices — explains how it undertook an analysis of federal escape cases to determine what factors may indicate “conduct that presents a serious potential risk of injury to another” such that it qualifies as a violent felony.

Overall, of the 414 cases cited by the report, 14 cases — or 3.4 percent — involved use or the threat of force against any person either at the time of escape or attempted escape, at the time of apprehension for the escape, or both. Another 30 cases — or 7.2 percent — involved a weapon at some point in time. And 12 cases — or 2.9 percent — involved injury at some point.

The report is posted at http://www.ussc.gov/general/escape_FY0607_final.pdf.