United States v. Koufos
2011 U.S. App. LEXIS 26178
| 10th Cir. | 2011Background
- Koufos had a 1990 conviction for escape from custody under 18 U.S.C. § 751(a) following a 1986 arrest, which the district court treated as a crime of violence for sentencing.
- The district court imposed a base offense level of 20 under USSG § 2K2.1(a)(4) after treating the escape as a crime of violence, with additional firearm enhancement and a downward departure motion by the government.
- Defendant faced four offenses across Vermont, New Mexico, and New Hampshire indictments, including felon in possession of firearms and bank fraud counts; these were consolidated for sentencing.
- Plea agreements included waivers with limitations on appealing whether prior convictions were crimes of violence, and the Vermont indictment offered no waiver.
- The court applied a two-level downward departure for a total sentence of 76 months, and Koufos challenged both the classification of the prior escape as a crime of violence and the sentence’s procedural reasonableness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Koufos’ § 751(a) escape conviction is a crime of violence | Koufos argues no crime of violence under 4B1.2 | Government contends it falls within 4B1.2’s risk framework via the residual clause | Yes; the court held the escape conviction qualifies as a crime of violence under 4B1.2(a)(2) (risk-based) for § 2K2.1(a)(4). |
| Whether the appellate waiver forecloses Koufos’ challenges | Waiver may not cover the crime-of-violence ruling and procedural reasonableness | Waivers encompass issues within scope and are enforceable | No waiver; the crime-of-violence issue and the procedural reasonableness challenge fall outside the waivers. |
| Whether the sentence was procedurally reasonable given the government's 20-month departure motion | Disagrees with the interpretation of the downward departure impact | Arguments the court adequately explained and properly applied the departure | Procedurally reasonable; court provided adequate explanation for the two-level departure and resultant sentence. |
Key Cases Cited
- Chambers v. United States, 555 U.S. 122 (U.S. 2009) (guidance on predictability of violence and Chambers analysis for escape offenses)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (necessity of rough similarity to listed violent offenses)
- Sykes v. United States, 131 S. Ct. 2267 (S. Ct. 2011) (vehicular flight as a violent felony under ACCA framework)
- United States v. Wise, 597 F.3d 1141 (10th Cir. 2010) (two-part test for whether an offense presents serious risk and is similar to listed crimes)
- United States v. Charles, 576 F.3d 1060 (10th Cir. 2009) (reexamines controls of § 751(a) and impact on 4B1.2 analysis)