United States v. Canteen, No. 17-1525 (2d Cir. 2019)Annotate this Case
There is no error in applying the career offender enhancement under USSG 4B1.1, to a defendant convicted of racketeering conspiracy based on underlying predicate acts of racketeering that qualify as crimes of violence under USSG 4B1.2.
The Second Circuit affirmed defendant's conviction and held that, even assuming defendant preserved his argument that the 2016 Guidelines should have been used, the district court did not err in concluding that defendant's conviction for federal racketeering conspiracy based on the predicate acts of racketeering is a crime of violence under section 4B1.1 of the 2016 Guidelines. Furthermore, the court held that defendant's prior New York state robbery convictions are clearly crimes of violence under the 2015 Guidelines. The court disposed of the consolidated appeals of defendant's co-defendants in a separate summary order.