United States v. Castillo, No. 16-4129 (2d Cir. 2018)
Annotate this CaseThe Second Circuit set aside defendant's sentence after he pleaded guilty to being a felon in possession of a firearm and ammunition. The court held that the government did not waive arguments based on the former "residual clause" of USSG 4B1.2(a)(2); the generic definition of "manslaughter" included the unlawful killing of another human being recklessly; manslaughter in the first degree under New York law, N.Y. Penal Law 125.20(1), was narrower than the generic definition of "manslaughter"; and the district court erred when it found that defendant's prior conviction for manslaughter in the first degree under New York law, N.Y. Penal Law 125.20(1), did not qualify as a "crime of violence" under Application Note 1 of the commentary to Section 4B1.2 of the November 1, 2015 edition of the United States Sentencing Guidelines. Accordingly, the court remanded for resentencing.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.