United States Second Circuit

A sentence to the statutory mandatory minimum, based on the court's finding that defendant is a violent felon under the Armed Career Criminal Act, is vacated under Shepard v. US, 544 U.S. 13 (2005), where no evidence before the district court established that a guilty plea resulting in a predicate state conviction necessarily admitted and supported a conviction for a crime or act of juvenile delinquency involving the use or carrying of a firearm that would be punishable by imprisonment for a term exceeding one year.

Appellate Information

• Decided 10/30/2007
• Published 10/30/2007

Judges

• SACK, Circuit Judge:, Before:  KEARSE and SACK, Circuit Judges, and MILLS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Paul P. Rinaldo, Forest Hills, NY, for Appellant.


• For Appellees:
  
• Jesse M. Furman, Assistant United States Attorney for the Southern District of New York (Michael J. Garcia, United States Attorney, Jonathan S. Kolodner, Assistant United States Attorney, on the brief), New York, NY, for Appellee.