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failure to report to a penal institution

Chambers v. United States

Issues

Whether a defendant’s failure to report for confinement creates a serious potential risk of physical injury to another person under the Armed Career Criminals Act, 18 U.S.C. § 924 (e) such that it can be considered a violent felony. 

 

The Seventh Circuit in United States v. Chambers, 473 F.3d 724, 725 (7th Cir. 2007) held that failure to report to a penal institution constitutes a violent crime under the Armed Career Criminals Act. Petitioner Deondery Chambers pleaded guilty to being a felon in possession of a firearm and was sentenced to 188 months in jail under the Armed Career Criminals Act because of his prior conviction for failing to report on schedule to a penal institution. Without the additional punishment mandated by the Armed Career Criminals Act, Chambers’ sentencing range would have been 130 to 162 months. The U.S. Supreme Court considers in this case whether or not a defendant’s failure to report for confinement involves conduct that presents a serious potential risk of physical injury to another such that it constitutes a violent felony under the Armed Career Criminals Act.

Questions as Framed for the Court by the Parties

Whether a defendant’s failure to report for confinement “involves conduct that presents a serious potential risk of physical injury to another” such that a conviction for escape based on that failure to report is a “violent felony” within the meaning of the Armed Career Criminals Act, 18 U.S. C. § 924 (e).

Petitioner Deondery Chambers pled guilty to being a felon in possession of a firearm in the United States District Court for the Southern District of Illinois. See United States v. Chambers, 473 F.3d 724, 725 (7th Cir.

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