Legal Opinion

Stuckey v. United States

District Court, S.D. New York

Decided December 1, 2016No. 16-CV-1787 (JPO); 06-CR-339 (BSJ)PublishedCited by 3 opinions

1Opinion of the Court

OPINION AND ORDER

J. PAUL OETKEN, District Judge:

Pursuant to 28 U.S.C. § 2255, Petitioner Sean Stuckey seeks relief from a sentence imposed under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). The applicability of the ACCA’s fifteen-year mandatory minimum sentence to Stuckey hinges on whether his two prior convictions for Robbery in the First Degree under New York law, N.Y. Penal Law § 160.15, constitute “violent felonies” under the ACCA. Because the Court concludes that they do, the petition is denied.

I. Background

On January 10, 2008, Sean Stuckey was sentenced to imprisonment…

2Cases cited30 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Descamps v. United StatesSupreme Court of the United States · 2013
  4. Johnson v. United StatesSupreme Court of the United States · 2010
  5. Welch v. United StatesSupreme Court of the United States · 2016

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3Cited by3 opinions

  1. Lassend v. United StatesCourt of Appeals for the First Circuit · 2018
  2. Stuckey v. United StatesCourt of Appeals for the Second Circuit · 2017
  3. Stuckey v. United StatesCourt of Appeals for the Second Circuit · 2017

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