Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Chambers v. US

Issue is whether defendant’s failure to report for confinement falls under the violent felony definition of the Armed Career Criminal Act 18 USC 924(e), which would require the involvement of conduct that presents a serious potential risk of physical injury to another.

Petitioner plead guilty to robbery and aggravated assault and to a drug possession charge, and was sentenced to periodic confinement for 11 years. After failing to report for confinement he was convicted of the crime of escape. He was not sentenced to any additional time at this point, but later was involved in an altercation involving the discharge of a firearm, which lead to being charged with felon in possession. Prosecution sought to add an enhancement to sentence, which required them to prove three prior convictions for a violent felony or serious drug offense, which requires that the escape be listed as a felony. Petitioner was sentenced was enhanced by more than 5 years by the district court citing prior case law. The 7th Circuit affirmed, leading to the present appeal.



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