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§ 924(e)(1), and the Career Offender Guideline, see U.S.S.G.
The district court concluded that it had mistakenly applied the Armed Career Criminal Act (“ACCA”), see 18 U.S.C. § 2255 in the United States District Court for the Southern District of New York (Swain, J.), which vacated defendant’s 22-year sentence for Hobbs Act robbery and related firearms crimes and resentenced him to time served (approximately 11 years, 3 months).
The United States appeals from an amended judgment entered pursuant to 28 U.S.C. POOLER, J., filed a dissenting opinion in which LEVAL and CARNEY, JJ., joined as to Parts I–IV. LEVAL, J., filed a dissenting opinion in which KATZMANN, LOHIER and CARNEY, JJ., joined in full, and in which POOLER, J., joined in part. MENASHI, J., filed an opinion concurring in part and concurring in the judgment.
PARK, J., filed a concurring opinion in which LIVINGSTON, C.J., CABRANES, SULLIVAN, and NARDINI, JJ., joined. Scott RAGGI, J., filed the majority opinion in which LIVINGSTON, C.J., CABRANES, CHIN, SULLIVAN, BIANCO, PARK, and NARDINI, JJ., joined in full, and in which MENASHI, J., joined in part. Judge Leval, Judge Katzmann, and Judge Raggi, who are senior judges, participated in this en banc decision pursuant to 28 U.S.C. On Appeal from the United States District Court for the Southern District of New York ARGUED EN BANC: NOVEMDECIDED: MABefore: LIVINGSTON, Chief Judge, LEVAL, CABRANES, POOLER, KATZMANN, RAGGI, CHIN, LOHIER, CARNEY, SULLIVAN, BIANCO, PARK, NARDINI, and MENASHI, Circuit Judges.* _ Judge Hall did not participate in the consideration of this en banc appeal. 18-163-cr UNITED STATES OF AMERICA, Appellant, v. Scott In the United States Court of Appeals for the Second Circuit AUGUST TERM 2020 No. 157, 169 (2014), stated that "the knowing or intentional causation of bodily injury necessarily involves the use of physical force." Accordingly, the court vacated the panel decision, reversed the district court's grant of the section 2255 motion, and remanded with directions to reinstate defendant's original sentence and judgment.ġ8-163-cr United States v. The Second Circuit, rehearing the case en banc, agreed with the United States that first-degree manslaughter is a categorical violent felony/crime of violence because a person can be guilty of that crime-whether by commission or omission-only if he (a) causes death, while (b) intending to cause at least serious bodily injury, and the Supreme Court, in United States v. The district court concluded that it had mistakenly applied the Armed Career Criminal Act (ACCA) and the Career Offender Guideline, USSG 4B1.1, in determining defendant's initial sentence because two prior convictions relied on as predicates for those enhancements were for New York first-degree manslaughter, which the district court ruled is not a categorical "violent felony" (ACCA) or "crime of violence" (Guideline). 2255, vacating defendant's 22-year sentence for Hobbs Act robbery and related firearms crimes and resentencing him to time served.
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