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US v. Hopkins, No. 06-5091

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By FindLaw Staff on August 21, 2009 4:24 PM

On remand from the Supreme Court in light of Chamber v. US, 129 S.Ct. 687 (2009), defendant's sentence under the enhanced guidelines is affirmed but the designation of defendant as a career offender is reversed where the crime of failure to report for incarceration, as distinguished from escape from custody, is not a violent felony for purposes of the Armed Career Criminal Act, 18 U.S.C. section 924(e).   

Read US v. Hopkins, No. 06-5091

 

Appellate Information

On Appeal from the United States District Court for the MiddleDistrict of Pennsylvania (D.C. No. 06-cr-00064)
District Judge: Honorable Christopher C. Conner
Argued February 11, 2008
Opinion Filed August 21, 2009

Judges
Before: Sloviter, Smith, and Stapleton, Circuit Judges
Opinion by Circuit Judge Stapleton

Counsel

Counsel for Appellant: Frederick W. Ulrich, Esq.

Counsel for Appellees: Michael A. Consiglio, Esq.  

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