United States v. Thrower, No. 17-445 (2d Cir. 2019)Annotate this Case
The Second Circuit reversed the district court's grant of a 28 U.S.C. 2255 petition to reduce defendant's sentence. The court held that the district court erred in concluding that defendant's prior convictions for the New York offenses of robbery in the third degree and attempted robbery in the third degree did not qualify as predicate "violent felonies" under the Armed Career Criminal Act. Accordingly, the court remanded for the district court to reinstate defendant's original sentence.