United States v. Scott, No. 18-163 (2d Cir. 2020)
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The Second Circuit affirmed the district court's vacatur of defendant's sentence under the Armed Career Criminal Act and the district court's decision to resentence defendant to time served.
The court held that the district court properly concluded that New York first-degree manslaughter is not a predicate crime of violence because it can be committed by omission and therefore without the use of force, as defined in Curtis Johnson v. United States, 559 U.S. 133 (2010). The court also held that New York first-degree manslaughter does not match any of the generic offenses enumerated in the Career Offender Guideline. Therefore, defendant did not have the requisite predicate offenses and could not be sentenced under the Career Offender Guidelines.
The court issued a subsequent related opinion or order on March 2, 2021.
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