Shabazz v. United States, No. 17-167 (2d Cir. 2019)Annotate this Case
The Second Circuit vacated the district court's judgment granting petitioner's 28 U.S.C. 2255 motion to set aside his sentence imposed under the Armed Career Criminal Act (ACCA). The court held that any offense that satisfies the essential elements of robbery under Con. Gen. Stat. 53a-133 involves use or threat of force capable of causing pain or injury and thus qualifies as an ACCA predicate. Therefore, defendant had three prior violent felonies including his conviction under section 53a-133.
The court issued a subsequent related opinion or order on April 26, 2019.