United States v. Rivera-Ramos

REINHARDT, Circuit Judge:

We must decide whether New York’s definition of “attempt” is categorically broader than the common law definition, so that an attempted robbery conviction in the state of New York is not a “crime of violence” for purposes of the Sentencing Guidelines. Following the Second Circuit, we hold that New York’s definition, which requires conduct that comes within a “dangerous proximity to the criminal end to be attained,” People v. Warren, 66 N.Y.2d 831, 832-33, 498 N.Y.S.2d 353, 489 N.E.2d 240 (1985) (emphasis added), is no broader than the definition at common law, which…