United States v. Tabb, No. 18-338 (2d Cir. 2020)Annotate this Case
Defendant's prior convictions for attempted assault in the second degree under N.Y. Penal Law 120.05(2) and federal narcotics conspiracy under 21 U.S.C. 846 constitute predicate offenses for purposes of the career offender sentencing enhancement under USSG 4B1.1. The Second Circuit affirmed defendant's sentence, holding that the district court's application of the career offender sentencing enhancement was appropriate. The court held that the district court correctly concluded that the New York conviction constituted a predicate "crime of violence" and that the federal conviction constituted a predicate "controlled substances offense."