United States v. Mark Tracy Gosling, AKA Mark T. Gosling

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• acknowledging that escape “may or may not explode into violence and result in physical injury” but “always has the serious potential to do so”
• holding that the crime of felony escape from custody in North Dakota involves conduct that presents a serious potential risk of physical injury to another, and thus it con- stitutes a crime of violence under the Career Offender provision of the Sentencing Guidelines
• adopting the reasoning of United States v. Aragon, 983 F.2d 1306, 1313 (4th Cir. 1993)
• “[EJvery escape scenario is a powder keg, which may or may not explode into violence and result in physical injury to someone at any given time, but which always has the serious potential to do so.”
• “[E]very escape scenario is a powder keg, which may or may not explode into violence and result in physical injury to someone at any given time, but which always has the serious potential to do so.”
• “[E]ven in a case where a defendant escapes from a jail by stealth and injures no one in the process, there is still a serious potential risk that injury will result when officers find the defendant and attempt to place him in custody.”

Source: CourtListener parenthetical corpus (CC0).