United States v. Rabb, No. 18-1678 (1st Cir. 2019)
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The First Circuit vacated Defendant's sentence he received after pleading guilty to possession with intent to distribute furanyl fentanyl and cocaine base and for the distribution of furanyl fentanyl, holding that the district court erred in concluding that he was a career offender under the 2016 version of the United States Sentencing Guidelines Manual based on his 2000 New York state law robbery conviction.
At issue on appeal was whether "robbery" in the enumerated offense clause of the "crime of violence" definition in the Guidelines encompasses the variant of robbery under New York law for which Defendant was convicted in 2000. The First Circuit held that the government did not meet its burden of establishing that Defendant's prior conviction qualified as a predicate offense for sentencing enhancement purposes and that the case must be remanded for resentencing.
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