Legal Opinion
United States v. Potes-Castillo
Court of Appeals for the Second Circuit
Decided March 14, 2011No. Docket 07-5518-crPublishedCited by 11 opinions
1Opinion of the Court
UNDERHILL, District Judge:
This appeal raises the question whether a conviction for driving while ability impaired in violation of New York law must categorically be counted when calculating a defendant’s criminal history score. Because we conclude that Walter Gonzalez-Rivera’s prior sentence for violating New York’s driving while ability impaired law should not be counted toward his criminal history calculation if it is similar to an offense listed in United States Sentencing Guidelines section 4A1.2(c)(l), we remand to the District Court for determination in the first instance whether…
2Cases cited12 opinions
- Stinson v. United StatesSupreme Court of the United States · 1993
- TRW Inc. v. AndrewsSupreme Court of the United States · 2001
- United States v. Randolph JakobetzCourt of Appeals for the Second Circuit · 1992
- United States v. MooreCourt of Appeals for the Second Circuit · 1992
- United States v. DeigertCourt of Appeals for the Fourth Circuit · 1990
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. Mi Sun ChoCourt of Appeals for the Second Circuit · 2013
- United States v. Liddon YoungCourt of Appeals for the Second Circuit · 2016
- United States v. ValenteCourt of Appeals for the Second Circuit · 2019
- United States v. RaffertyCourt of Appeals for the Second Circuit · 2013
- United States v. St. HilaireCourt of Appeals for the Second Circuit · 2020
6 more not listed; retrieve them via the Exa API.