United States Second Circuit

Defendant's sentence for illegally reentering the U.S. following removal is vacated where criminal possession of a weapon in the second degree, in violation of N.Y. Penal Law section 265.03, is not a crime of violence for the purposes of Sentencing Guidelines section 2L1.2(b)(1)(A)(ii).

Appellate Information

• Decided 08/20/2009
• Published 08/20/2009

Judges

• PER CURIAM:, Before:  WESLEY, HALL and GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Edward S. Zas, Appeals Bureau, Federal Defenders of New York, Inc., New York, New York, for Defendant-Appellant Gamez., Sharon E. Frase, Assistant United States Attorney, Of Counsel (Daniel A. Braun, Assistant United States Attorney, of Counsel, on the brief), for Michael J. Garcia, United States Attorney, Southern District of New York, New York, New York, for Appellee.