a conclusion that the defendant had been convicted in state court of an “escape” crime that generically qualifies as a violent felony under § 924(e).... [E]ven the facts outside the scope of Shepard, if they could have been considered, would have narrowed Mills’[s] conviction only to either a failure to report or a walkaway escape from a non-secure facility.... [T]he Government concedes that a simple walkaway escape from a nonsecure community residence does not constitute the sort of purposeful, aggressive and violent behavior that is required ... to constitute a “violent felony” for the purposes of § 924(e). Id. at 2-3. We need not address whether a “walkaway escape” is, as the government says, not a violent felony for these purposes under Chambers. Cf. Jackson, 301 F.3d at 63 (<HOLDING>). For the purpose of deciding this appeal, it
holding prior to chambers that a walkaway escape is categorically a violent felony holding that escape is categorically a violent felony under the acca holding that walkaway from community treatment center conviction was a crime of violence consistent with chambers holding that escape from secure custody is a violent felony holding walkaway escape under north dakota statute a crime of violence