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Armed Career Criminal Act of 1984 Criminal Convictions

Epstein Becker & Green

Three for Thursday - SCOTUS Today

Epstein Becker & Green on

The U.S. Supreme Court decided three cases on Thursday, one of them on the main sequence of the practices of most of the readers of this blog and the others worth knowing about, both as lawyers and as citizens....more

Dorsey & Whitney LLP

The Supreme Court - February 26, 2020

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued the following three opinions: Intel Corp. Investment Policy Comm. v. Sulyma, No. 18-1116: The Employee Retirement Income Security Act of 1974 (“ERISA”) demands that...more

Patterson Belknap Webb & Tyler LLP

In Wake of Supreme Court’s Vagueness Rulings, Second Circuit Vacates Section 924(c) Residual Clause Conviction

In United States v. Barrett, No. 14-2541 (2d Cir. Aug. 30, 2019) (Winter, Raggi, Droney), the Second Circuit vacated a defendant’s conviction for using a firearm in connection with a “crime of violence” under 18 U.S.C. §...more

Patterson Belknap Webb & Tyler LLP

Circuit Reverses Sentence Reduction Based on Incorrect Interpretation of ACCA

On January 31, 2019, the Second Circuit issued a per curiam decision in United States v. Thrower (Wesley, Chin, and Cote, by designation) reversing a 2017 judgment from the Eastern District of New York that reduced the...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Holds that Connecticut Robbery Inherently Involves Violent Force Under ACCA

In Shabazz v. United States, the Second Circuit (Katzmann, Leval, Berman by designation) again addressed the meaning of “violent felony” under the Armed Career Criminal Act (“ACCA”), this time under its “force clause.” As...more

Patterson Belknap Webb & Tyler LLP

Circuit Determines that Attempted Robbery Under New York Law Constitutes a “Crime of Violence” Pursuant to 2014 Federal Sentencing...

In United States v. Pereira-Gomez, a panel of the Second Circuit (Cabranes, Carney, Caproni, D.J.) issued an opinion analyzing whether attempted robbery under New York law qualifies as a “crime of violence” for enhancement...more

Patterson Belknap Webb & Tyler LLP

The Second Circuit Counts to Three: How One Defendant Became a Career Criminal Over the Course of an Hour

In United States v. Bordeaux, 17-486-cr (Cabranes, Raggi, Vilardo), the Second Circuit held that the defendant’s three prior Connecticut state convictions for first-degree robbery—all of which took place during a single...more

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