CLICK HERE FOR FULL TEXT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JERRY RAY OAKS,
Defendant-Appellant.


No. 06-6056

On Remand from the United States Supreme Court to the
United States District Court for the Eastern District of Tennessee.
No. 04-00037—J. Ronnie Greer, District Judge.
Submitted: May 1, 2008
Decided and Filed: February 9, 2009
Before: KENNEDY and MARTIN, Circuit Judges; HOOD, District Judge.

_________________________
OPINION
_________________________

BOYCE F. MARTIN, JR., Circuit Judge. Defendant Jerry Ray Oaks pleaded guilty to being a felon in possession of a firearm and the district court in the Eastern District of Tennessee sentenced him to 120 months of incarceration and five years of supervised release, entering the judgment on August 9, 2006. He appealed his sentence, in the first instance, challenging, in part, the district court’s use of his prior conviction for felony escape to support his sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e). Oral argument before us was waived and we affirmed the sentencing court’s judgment on May 14, 2008. On January 21, 2009, the Supreme Court granted Defendant’s application for a writ of certiorari, vacated our judgment, and remanded the case to us for reconsideration in light of its decision in Chambers v. United States, 555 U.S. —, 129 S. Ct. 687 (2009). Oaks v. United States, — U.S. —, — S. Ct. —, 2009 WL 129082 (2009).

. . .

Accordingly, we REMAND to the district court for a determination of the type of facility and level of security involved in the “custody of the Carter County Sheriff’s Department” at the time of Oaks’s escape. After the district court has made this determination, this Court will issue further instructions.