United States Second Circuit

Although 8 USC 1101(a)(43) did not define burglary as an aggravated felony at the time of defendant's conviction in 1986, USSG 2L1.2 Application Note 1 makes clear that this fact does not alter the imposition of an upward sentencing departure.

Appellate Information

• Argued 04/04/2001
• Decided 07/20/2001
• Published 07/20/2001

Judges

• KEARSE, Circuit Judge:, Before KEARSE and CABRANES, Circuit Judges, DAVID G. TRAGER, District Judge .

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Steven R. Glaser, Assistant United States, Attorney, New York, NY, (Mary Jo White, United States Attorney for the Southern District of New York, Robert Khuzami, Assistant United States Attorney, New York, NY, on the brief), for Appellee., Alan M. Nelson, Lake Success, New York, for Defendant-Appellant.