United States v. Rodriguez

OPINION

SIDNEY H. STEIN, District Judge.

The issue for resolution, not yet decided by the United States Court of Appeals for the Second Circuit, is whether grand larceny from a person, in violation of New York Penal Law § 155.30(5) is a “violent felony” as that term is used in the Armed Career Criminal Act, 18 U.S.C. § 924(e). Because conduct in violation of New York Penal Law § 155.30(5) “presents a serious potential risk of physical injury to another,” 18 U.S.C. § 924(e)(2)(B)(ii), and because theft from a person under New York law is an offense “roughly similar in kind” to burglary, Begay v.…