OMAHA, Neb. (AP) - A federal appeals court has vacated the almost 16-year sentence of an Omaha man for being armed career criminal with a gun, saying a lower court should not have considered his previous escape conviction as a violent crime.
The 8th U.S. Circuit Court of Appeals on Wednesday vacated the 2011 sentence of Alfred Tucker, who was convicted after being arrested on suspicion of firing a gun in Omaha city limits. His sentence was enhanced based on his previous assault and escape convictions.
Tucker appealed, arguing that his escape conviction - for once running away from a youth detention center - should not have been counted as a violent felony.
The appeals court on Wednesday agreed and ordered a new sentencing hearing for Tucker.
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