United States Second Circuit

In a bank robbery conviction, district court's imposition of 188 months' imprisonment upon the defendant as a career offender under United States Sentencing Guidelines section 4B1.1(a), is vacated and remanded, as a court may not rely on a PSR's description of a defendant's pre-arrest conduct that culminated in a prior conviction to determine whether that prior conviction constitutes one for a "crime of violence" under U.S.S.G. section 4B1.2(a)(1), where the defendant makes no objection to the PSR's description.

Appellate Information

• Decided 08/29/2012
• Published 08/29/2012

Judges

Court

• United States Second Circuit

Counsel