United States v. Jones, No. 15-1518 (2d Cir. 2016)Annotate this Case
Defendant was convicted of assaulting a federal officer and sentenced as a career offender principally to 180 months in prison to be followed by three years of supervised release. The court concluded that, after the Supreme Court's decision in Johnson v. United States, a conviction for first‐degree robbery in New York is not in every instance a conviction for a “crime of violence.” Therefore, the district court plainly erred in sentencing defendant as a career offender based on its conclusion that a conviction for first‐degree robbery is necessarily a conviction for a “crime of violence” within the Career Offender Guideline. The court need not address defendant's argument that his sentence was substantively unreasonable. Accordingly, the court vacated and remanded for resentencing.
The court issued a subsequent related opinion or order on October 3, 2016.
The court issued a subsequent related opinion or order on September 11, 2017.
The court issued a subsequent related opinion or order on October 5, 2017.