Home -> Law Blog Directory -> Federal Judiciary Blogs -> Sixth Circuit Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Federal Judiciary
: Sixth Circuit BlogFailure-To-Report is no Violent Felony
The conduct in question-- failing to report to serve a sentence, or failing to return to custody-? frequently is categorized as an "escape" under state and federal law. Most federal circuits have concluded that escapes of any nature categorically qualify as a "crime of violence" or "violent felony."
The Supreme Court has now distinguished ?failures to report/return? from ?actual escapes from custody,? noting that "[t]he behavior that likely underlies a failure to report would seem less likely to involve a risk of physical harm than the less passive, more aggressive behavior underlying an escape from custody." Id. at 4.
Most importantly, the Court cited its recent decision in Begay v. United States, 553 U.S. ___ (2008), and noted that the action/inaction of failing to report is "far cry" from the purposeful, violent and aggressive conduct associated with the offenses specifically named in the ACCA as violent felonies (use of explosives against property, arson, burglary, extortion).
Given the developing line of Supreme Court cases which continue to narrow the definition of "violent felony" and "crime of violence," practitioners must carefully examine their clients? prior convictions. If a prior offense is not specifically enumerated as a "violent felony" in the ACCA or a "crime of violence" under the U.S.S.G. 4B1.2, the career offender guideline, then counsel must analyze whether the prior offense can used as a predicate offense. In many situations, offenses that met the previously expansive definition of "violent felony" and "crime of violence" cannot be categorized as such in the post-Begay/Chambers world.
Full post as published by Sixth Circuit Blog on January 13, 2009 (boomark / email).
Crime Categories
How you can tell a misdemeanor from a felony.
Pet Food Recall and Deaths
Dogs and Cats Sickened by Tainted Menu Food Products
Mitchell Report Summary
Report on Steroid Drug Use in Major League Baseball by Senator George Mitchell
Truth In Lending Act
Consumer Loans and Consumer Credit Protection Act
Daniel V. Leccese Sr.
$250,000 fine for felony mail fraud.
Bank Website Security
New Report Finds Widespread Flaws
Operating Room Fires
Hundreds Injured During Surgery, New Report Shows
Tree Stands
Ardisam Inc. pays $420,000 settlement for failing to report defective product to government officials.
Smoke and Carbon Monoxide Alarm Failure
Trasylol
allegedly causing kidney and heart failure.

Chambers v. United States - Failure to Report to Jail is Not an ACCA Violent Felony
Court limits “violent felony” definition
U.S. Supreme Court to Rule on Question: Is Not Reporting to Prison A Violent Act
Begay: DUI is not a "violent felony"
Obscurely Important Supreme Court Decision
"Court limits 'violent felony' definition"








