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Second Circuit – Sentencing enhancement: U.S. v. Minter
Daily Record Staff//October 30, 2023//
Listen to this articleUnited States Court of Appeals for the Second Circuit
Sentencing enhancement
State conviction drug conviction – Categorical approach
21-3102
Judges Parker, Lynch, and Lohier
Background: The government appealed from a judgment of conviction after the defendant pleaded guilty to being a felon in possession of a firearm. The court rejected the government’s contention that the defendant qualified for a sentencing enhancement under the Armed Career Criminal Act, and sentenced him to 72 months in prison.
Ruling: The Second Circuit affirmed. The court held that the New York state definition of cocaine is categorically broader than the relevant federal definition.
Michael D. Maimin, United States attorney, for the appellant; Derek A. Cohen, of Walden Macht & Haran, for the defendant-appellee.
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