In the case of Deondery Chambers v. United States, 2008, the U.S. Supreme Court ruled that a failure to report to a penal institution is not considered as violent felony under Armed Career Criminal Act (ACCA). The ACCA imposes mandatory minimum sentences for defendants convicted of illegal firearm possession who have three prior convictions for serious drug offenses or violent felonies. Mr. Chambers had previously been convicted on several charges including failing to report for weekend confinement at a local prison - an offense which was classified by lower courts as a "violent felony". However, in this ruling, the Supreme Court disagreed with this classification and held that such an act does not present serious potential risk of physical injury to another person and therefore should not be categorized as a violent crime under ACCA's definition.

In the dissenting opinion for Deondery Chambers v. United States, Justice Alito disagreed with the majority's interpretation of what constitutes a "violent felony" under the Armed Career Criminal Act (ACCA). He argued that failing to report to prison should be considered as such because it involves potential serious risk of physical injury to others. According to him, an escapee can pose significant risks if they resist capture or create dangerous situations like high-speed chases. Furthermore, he contended that Congress intended ACCA’s residual clause to cover crimes posing similar degrees of societal danger as burglary, arson and extortion which are explicitly mentioned in ACCA. Therefore, according to his view, failure-to-report escapes fall within this category due their inherent potential for violence and harm.