United States Second Circuit

Defendant's firearm possession conviction is affirmed where: 1) defendant's prior New York offense of larceny from the person met the first prong of the inquiry required under the residual clause of the Armed Career Criminal Act (ACCA); and 2) defendant's offense was roughly similar to an enumerated offense in the ACCA.

Appellate Information

• Decided 10/14/2009
• Published 10/14/2009

Judges

• PER CURIAM:, Before:  PARKER and WESLEY, Circuit Judges, RESTANI, Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Norman Trabulus, New York, NY, for Defendant-Appellant., Amanda Hector, Assistant United States Attorney, (Emily Berger, Assistant United States Attorney, of counsel), for Benton J. Campbell, United States Attorney for the Eastern District of New York, for Appellee.