DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
101287P.pdf 12/14/2010 United States v. Jamaal Williams
U.S. Court of Appeals Case No: 10-1287
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Gruender, Author, with Riley, Chief Judge, and
Melloy, Circuit Judge]
Criminal case - Sentencing. District court erred in finding defendant's
Nebraska conviction for escape qualified as a crime of violence as the
record failed to show under what part of the statute defendant was
convicted; as the parties and the court relied on a mistaken understanding
of the modified categorical approach which may have impeded
development of the record, on remand the district court may hear any
relevant evidence that it could have heard at the initial sentencing to
determine which part of the Nebraska escape statute was involved in
defendant's conviction.