United States v. Kroll, No. 16-4310 (2d Cir. 2019)Annotate this Case
The Second Circuit vacated defendant's sentence of mandatory life in prison and remanded for resentencing. The court held that defendant's prior conviction for sodomy in the second degree under New York law did not qualify as a "prior sex conviction" under 18 U.S.C. 3559(e). The court applied the categorical approach and held that the New York statute under which defendant was convicted sweeps more broadly than its federal equivalent.