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Federal Judiciary
: Second Circuit Sentencing BlogTreatment Of State Common Law Crimes
United States v. Walker, 595 F.3d 441 (2d Cir. 2010)
An important decision -- and one of first impression in the Second Circuit -- concerning the treatment of prior convictions as they relate to the Guidelines. Here is how the Second Circuit described its decision:
This appeal presents a question of first impression in this circuit, namely the proper Sentencing Guidelines treatment of prior convictions for state common law crimes. For the reasons that follow, we hold that the modified categorical approach applicable in this circuit to prior convictions for statutory offenses also applies to prior convictions for state common law crimes. We also conclude that the district court correctly applied this approach in finding that appellant's prior South Carolina "strong arm robbery" conviction was a crime of violence under U.S.S.G. § 2K2.1(a)(2).
Full post as published by Second Circuit Sentencing Blog on March 22, 2010 (boomark / email).
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