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U.S. v. HOPKINS

No. 06-5091.

577 F.3d 507 (2009)

UNITED STATES of America v. George HOPKINS, Appellant.

United States Court of Appeals, Third Circuit.

Not Precedential Opinion Filed February 13, 2008.

On Remand from the Supreme Court of the United States January 21, 2009.

Filed: August 21, 2009.

Attorney(s) appearing for the Case

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

Michael A. Consiglio, Esq., Office of United States Attorney, Harrisburg, PA, for Appellee.

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

OPINION OF THE COURT

STAPLETON, Circuit Judge:

In Chambers v. United States, ___ U.S. ___, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009), the Supreme Court held that the crime of failure to report for incarceration, as distinguished from escape from custody, should not be classified a violent felony for purposes of the Armed Career Criminal Act, 18 U.S.C. § 924(e). Following that decision, the Supreme Court vacated our...

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