Opinion
Criminal Action No. 05-10102-01-MLB.
November 15, 2005
ORDER
Pursuant to Fed.R.Crim.P. 32(h)(3), the court overrules defendant's objection to the presentence report that his prior state conviction for aggravated escape should not be considered a crime of violence because he merely failed to return to a residential community corrections facility with no resulting violence and because the offense is considered non-violent under Kansas law. Defendant's objection is foreclosed by numerous Tenth Circuit cases including United States v. Turner, 285 F.3d 909, 915-16 (10th Cir. 2002).
IT IS SO ORDERED.