Chambers v. United States

555 U.S. 122, 129 S. Ct. 687, 172 L. Ed. 2d 484, 2009 U.S. LEXIS 580
CourtSupreme Court of the United States
DecidedJanuary 13, 2009
Docket06-11206
StatusPublished
Cited by626 cases

This text of 555 U.S. 122 (Chambers v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chambers v. United States, 555 U.S. 122, 129 S. Ct. 687, 172 L. Ed. 2d 484, 2009 U.S. LEXIS 580 (2009).

Opinions

Justice Breyer

delivered the opinion of the Court.

The question before us is whether a “failure to report” for penal confinement is a “ ‘violent felony’ ” within the terms of the Armed Career Criminal Act. 18 U. S. C. § 924(e). We hold that it is not.

[124]*124I

The Armed Career Criminal Act (ACCA) imposes a 15-year mandatory prison term on an individual convicted of being a felon in possession of a firearm if that individual has “three previous convictions ... for a violent felony or a serious drug offense, or both, committed on occasions different from one another.” § 924(e)(1). ACCA defines a “violent felony” as a “crime punishable by imprisonment for a term exceeding one year” that also either

“(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or
“(ii) is burglary, arson, or extortion, involves the use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” § 924(e)(2)(B).

Clause (ii), ACCA’s so-called residual clause, is at issue here.

II

The petitioner, Deondery Chambers, pleaded guilty to a charge of being a felon unlawfully in possession of a firearm. § 922(g). At sentencing the Government asked the District Court to apply ACCA’s 15-year mandatory prison term because, in its view, three of Chambers’ prior convictions qualified as an ACCA “serious drug offense” or “violent felony.” Chambers conceded that two of his prior convictions, namely, a 1998 conviction for robbery and aggravated battery and a 1999 drug crime conviction, fell within ACCA’s definitions. But he disputed the Government’s claim as to a third conviction. That third conviction arose out of Chambers’ sentence for his 1998 robbery and battery offense. The sentence required Chambers to report to a local prison for 11 weekends of incarceration. He failed to report for weekend confinement on four occasions, and was later convicted of the crime [125]*125of “fail[ing] to report to a penal institution.” Ill. Comp. Stat., ch. 720, §5/31-6(a) (West Supp. 2008).

The District Court treated the “failure to report” as a form of what the relevant Illinois statute calls “escape from [a] penal institution,” ibid., and held that the crime qualified as a “violent felony” under ACCA. The Court of Appeals agreed. 473 F. 3d 724 (CA7 2007). In light of disagreement among the Circuits as to whether failure to report for imprisonment falls within the scope of ACCA’s definition of “violent felony,” we granted certiorari. Compare United States v. Winn, 364 F. 3d 7, 12 (CA1 2004) (failure to report is a “violent felony”), with United States v. Piccolo, 441 F. 3d 1084, 1088 (CA9 2006) (failure to report is not a “violent felony”).

Ill

We initially consider the classification of the crime. In ordinary speech, words such as “crime” and “felony” can refer not only to a generic set of acts, say, burglary in general, but also to a specific act committed on a particular occasion, say, the burglary that the defendant engaged in last month. We have made clear, however, that, for purposes of ACCA’s definitions, it is the generic sense of the word “felony” that counts. Taylor v. United States, 495 U. S. 575, 602 (1990); see also Shepard v. United States, 544 U. S. 13,16-17 (2005). The statute’s defining language, read naturally, uses “felony” to refer to a crime as generally committed. And by so construing the statute, one avoids the practical difficulty of trying to ascertain at sentencing, perhaps from a paper record mentioning only a guilty plea, whether the present defendant’s prior crime, as committed on a particular occasion, did or did not involve violent behavior. See id., at 20-21. Thus, to determine, for example, whether attempted burglary is a “violent felony,” we have had to examine, not the unsuccessful burglary the defendant attempted on a particular occasion, but the generic crime of attempted burglary. James v. United States, 550 U. S. 192, 204-206 (2007).

[126]*126This categorical approach requires courts to choose the right category. And sometimes the choice is not obvious. The nature of the behavior that likely underlies a statutory phrase matters in this respect. Where Massachusetts, for example, placed within a single, separately numbered statutory section (entitled “Breaking and entering at night,” Mass. Gen. Laws Ann., ch. 266, § 16 (West 2008)) burglary of a “building, ship, vessel or vehicle,” this Court found that the behavior underlying, say, breaking into a building differs so significantly from the behavior underlying, say, breaking into a vehicle that for ACCA purposes a sentencing court must treat the two as different crimes. See Shepard, supra, at 16-17; see also Taylor, supra, at 598.

The Illinois statute now before us, like the Massachusetts statute, places together in a single numbered statutory section several different kinds of behavior. It separately describes those behaviors as (1) escape from a penal institution, (2) escape from the custody of an employee of a penal institution, (3) failing to report to a penal institution, (4) failing to report for periodic imprisonment, (5) failing to return from furlough, (6) failing to return from work and day release, and (7) failing to abide by the terms of home confinement. Ill. Comp. Stat., ch. 720, § 5/31 — 6(a); see Appendix A, infra. We know from the state-court information in the record that Chambers pleaded guilty to “knowingly fail[ing] to report” for periodic imprisonment “to the Jefferson County Jail, a penal institution.” App. 68; see Shepard, supra, at 25 (sentencing court may look, for example, to charging document, plea agreement, jury instructions, or transcript of plea colloquy to determine crime at issue). But we must decide whether for ACCA purposes a failure to report counts as a separate crime.

Unlike the lower courts, we believe that a failure to report (as described in the statutory provision’s third, fourth, fifth, and sixth phrases) is a separate crime, different from escape [127]*127(the subject matter of the statute’s first and second phrases), and from the potentially less serious failure to abide by the terms of home confinement (the subject of the final phrase); The 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. See Begay v. United States, 553 U. S. 137, 144-146 (2008). Moreover, the statute itself not only lists escape and failure to report separately (in its title and its body) but also places the behaviors in two different felony classes (Class Two and Class Three) of different degrees of seriousness. See Appendix A, infra.

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Cite This Page — Counsel Stack

Bluebook (online)
555 U.S. 122, 129 S. Ct. 687, 172 L. Ed. 2d 484, 2009 U.S. LEXIS 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-v-united-states-scotus-2009.