United States Second Circuit

Sentence for possessing a firearm in furtherance of a drug trafficking offense and being a felon in possession of a firearm is affirmed over defendant's claims that the district court erred in finding him a Career Offender under U.S.S.G. sections 4B1.1 and 4B1.2 because the youthful offender adjudication he received for a conviction of attempted second degree burglary in a state court "set aside" his conviction.

Appellate Information

• Decided 04/23/2008
• Published 04/23/2008

Judges

• PER CURIAM:, Before WINTER, STRAUB, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Mark D. Funk, Rochester, NY, for Defendant-Appellant., Stephan J. Baczynski, Assistant United States Attorney (Terrance P. Flynn, United States Attorney, on the brief), United States Attorney's Office for the Western District of New York, Buffalo, NY, for Appellee.