United States Third Circuit

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).

Appellate Information

• Decided 08/21/2009
• Published 08/21/2009

Judges

• Before:  SLOVITER, SMITH, and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Frederick W. Ulrich, Esq., Office of Federal Public Defender, Harrisburg, PA, for Appellant.


• For Appellees:
  
• Michael A. Consiglio, Esq., Office of United States Attorney, Harrisburg, PA, for Appellee.