United States v. Pereira-Gomez

Attempted robbery in the second degree under New York law is not a "crime of violence" under the "enumerated offenses" of application note 1(B)(iii) to Section 2L1.2 of the November 1, 2014 edition of the Sentencing Guidelines, but it is a "crime of violence" under the "force clause" of application note 1(B)(iii) to Section 2L1.2 of the November 1, 2014 edition of the Sentencing Guidelines.The Second Circuit affirmed defendant's sentence for illegal reentry into the United States after previously having been deported after the commission of an aggravated felony. The court held that defendant's prior New York conviction for attempted robbery was a crime of violence under the force clause. View "United States v. Pereira-Gomez" on Justia Law