United States Ninth Circuit

Defendant's sentence for illegal reentry into the U.S. is affirmed where New York's definition of attempted robbery, which requires conduct that comes within a dangerous proximity to the criminal end to be attained, is no broader than the definition at common law, which requires a "substantial step towards committing the crime," and thus attempted robbery under New York law is a "crime of violence" under the Sentencing Guidelines.

Appellate Information

• Argued 04/14/2009
• Decided 08/21/2009
• Published 08/21/2009

Judges

• REINHARDT, Circuit Judge:, Before:  STEPHEN REINHARDT, EUGENE E. SILER, JR., and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Roger H. Sigal, Tucson, AZ, for the defendant-appellant., Diane J. Humetewa, United States Attorney, and Angela W. Woodridge, Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.