United States Second Circuit

Conviction and sentence for being a felon in possession of a firearm, to the mandatory minimum of 15 years under the Armed Career Criminal Act on the basis of his three priors is affirmed over claim that the court erred in finding that either of defendant's state priors for attempted assault and attempted reckless endangerment constituted violent felonies that trigger ACCA's mandatory minimum.

Appellate Information

• Decided 03/30/2006
• Published 03/30/2006

Judges

• PER CURIAM., Before:  STRAUB and SACK, Circuit Judges, and TRAGER, District Judge .

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Kerry A. Lawrence, Briccetti, Calhoun & Lawrence, LLP, White Plains, New York, for Defendant-Appellant., Jesse M. Furman, Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York, on the brief;  Katherine Polk Failla, Assistant United States Attorney, of counsel), New York, New York, for Appellee.