United States Second Circuit

Sentence for firearms possession is vacated and remanded for resentencing where defendant's prior conviction for escape based on his failure to abide by the terms of his transitional supervision was not a violent felony within the meaning of the Armed Career Criminal Act, and thus the district court improperly calculated the applicable Guidelines range.

Appellate Information

• Decided 06/26/2009
• Published 06/26/2009

Judges

• PER CURIAM:, Before KEARSE, SACK, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard S. Cramer, Hartford, CT, for Appellant.


• For Appellees:
  
• Karen L. Peck, Assistant United States Attorney (Kevin J. O'Connor, United States Attorney, District of Connecticut;  John H. Durham, Deputy United States Attorney;  William J. Nardini, Assistant United States Attorney, of counsel), New Haven, CT, for Appellee.