United States Second Circuit

A felony DWI conviction under New York State law does not constitute a "crime of violence" under 18 USC 16(b) for purposes of removing an alien, because a person can be convicted of DWI without any risk of force or injury.

Appellate Information

• Argued 01/26/2001
• Decided 07/20/2001
• Published 07/20/2001

Judges

• OAKES, Senior Circuit Judge:, Before JOHN M. WALKER, Jr., Chief Judge, OAKES and PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mark T. Kenmore, Buffalo, NY, for Petitioner.


• For Appellees:
  
• Meredith E. Kotler, Assistant United States Attorney, New York, NY, (Mary Jo White, United States Attorney, Diogenes P. Kekatos and Jeffrey S. Oestericher, Assistant United States Attorneys, of counsel), for Respondents.