Read US v. Hurell, 065653, 065718, 070116

Three judgments entered after the district court determined that a prior state conviction for burglary in the third degree, and prior convictions for attempted burglarly in the third degree were not crimes of violence are vacated and remanded where: 1) after the briefs were submitted in these cases, the present court held that New York's offense of burglary in the third degree was a crime of violence under the Sentencing Guidelines; and therefore 2) the district court erred in determining that one defendants' prior convictions for burglary and attempted burglary were not convictions for crimes of violence under the Sentencing Guidelines.

Appellate Information

• Decided 01/28/2009
• Published 01/28/2009

Court

• United States Second Circuit

Counsel