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Escape as a Crime of Violence

By Bill Theis

United States v. Deondery Chambers, No. 06-2405 (January 9, 2007): Mr. Chambers was sentenced as an armed career criminal. One of his three crimes of violence was a state conviction for escape from a penal institution. His escape was not of the "Escape from Alcatraz" variety; instead, he merely failed to report on time to begin serving a sentence. Under 18 U.S.C. sec. 924(e), a felony is violent if it "involves conduct that presents a serious potential risk of physical injury to another." Under the law of the Circuit, escape always meets this definition. See United States v. Golden, 466 F.3d 612 (7th Cir. 2006).For that reason, the Court affirmed the sentence. But the panel expressed serious misgivings about this position. "We shall adhere to the precedents for now...continue to full post

Full post as published by Seventh Circuit Blog on January 10, 2007 (boomark / email).