United States v. Scott, No. 18-163 (2d Cir. 2021)Annotate this Case
The United States appeals from the district court's amended judgment pursuant to 28 U.S.C. 2255, vacating defendant's 22-year sentence for Hobbs Act robbery and related firearms crimes and resentencing him to time served. The district court concluded that it had mistakenly applied the Armed Career Criminal Act (ACCA) and the Career Offender Guideline, USSG 4B1.1, in determining defendant's initial sentence because two prior convictions relied on as predicates for those enhancements were for New York first-degree manslaughter, which the district court ruled is not a categorical "violent felony" (ACCA) or "crime of violence" (Guideline).
The Second Circuit, rehearing the case en banc, agreed with the United States that first-degree manslaughter is a categorical violent felony/crime of violence because a person can be guilty of that crime—whether by commission or omission—only if he (a) causes death, while (b) intending to cause at least serious bodily injury, and the Supreme Court, in United States v. Castleman, 572 U.S. 157, 169 (2014), stated that "the knowing or intentional causation of bodily injury necessarily involves the use of physical force." Accordingly, the court vacated the panel decision, reversed the district court's grant of the section 2255 motion, and remanded with directions to reinstate defendant's original sentence and judgment.
This opinion or order relates to an opinion or order originally issued on March 31, 2020.