UNITED STATES of America, Plaintiff-Appellee, v. Erik REDEEMER, Defendant-Appellant, 319 F. App'x 809

PER CURIAM: At the oral argument session, Erik Redeemer, through counsel, stipulated that he has abandoned and waived any argument regarding whether there was sufficient evidence for a reasonable factfinder to conclude that he either actually or constructively possessed a firearm as a convicted felon in violation of 18 U.S.C. § 922(g). Accordingly, his conviction is affirmed. As to sentencing, the government concedes that the crime of carrying a concealed weapon is not a “violent felony” for purposes of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e).

Thus, the only remaining issue is whether Redeemer’s felony conviction for a violation of Tennessee’s escape statute, T.C.A. § 39-16-605 (1993), qualifies as a “violent felony” for purposes of the ACCA. The parties have stipulated that in order to address this issue it is appropriate to remand this case to the district court for further fact finding regarding the circumstances of Redeemer’s escape conviction, in light of Chambers v. United States, — U.S. -, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009). Accordingly, we vacate Redeemer’s sentence and remand for further proceedings.

AFFIRMED in part; VACATED and REMANDED in part.