United States Second Circuit

Sentence for conviction of assaulting a federal officer in violation of 18 U.S.C. section 111 is vacated where in light of the Supreme Court's holding in Johnson v. US, 559 U.S. 133 (2010), New York robbery is no longer necessarily a 'crime of violence' within the meaning of U.S.S.G. sections 4B1.1(a) and 4B1.2(a) and the district court therefore erred in concluding that his prior conviction for first‐degree robbery could automatically serve as one of the predicate offenses for a career offender designation.

Appellate Information

• Published 2016/07/21

Judges

Court

• United States Second Circuit

Counsel