6th Circuit Notes Split Re Distinction Between "Jailbreak" and "Walk Away" for Purposes of Determining a Violent Felony

Per U.S. v. Lancaster, --- F.3d ----, 2007 WL 2457448 (6th Cir.(Tenn.) Aug 31, 2007) (NO. 06-5668):
We recognize that the circuits are split on whether the distinction between a jailbreak and a "walk away" is meaningful. Some have said or suggested that a "walk away" escape should not be considered categorically violent. Others have rejected any distinction between a jailbreak and a "walk away," typically reasoning that the "potential risk" officers might encounter in attempting to re-apprehend the escapee is "serious" enough to justify characterizing the offense as violent. The D.C. Circuit, however, has noted that this reasoning proves too much. That is, "While it may be true that the recapture of an escapee inherently contains a risk of violent encounter between the escapee and the arresting officers, the same is true as to the capture of any lawbreaker"; according to this logic, "all crimes become crimes of violence."