United States v. Reyes, No. 10-1400 (2d Cir. 2012)Annotate this Case
Defendant pleaded guilty to one count of bank robbery and the district court sentenced him as a career offender under U.S.S.G. 4B1.1(a). At issue on appeal was whether a district court could rely on a Presentence Report's (PSR) description of a defendant's pre-arrest conduct that culminated in a prior conviction to determine whether that prior conviction constituted one for a "crime of violence" under U.S.S.G. 4B1.2(a)(1), where the defendant made no objection to the PSR's description. The court held that it could not. Therefore, the court vacated the sentence imposed by the district court and remanded for further proceedings.