United States v. Castillo, No. 16-4129 (2d Cir. 2018)Annotate this Case
The 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.