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.
