United States v. Pedro Morales
Court of Appeals for the Second Circuit
1Opinion of the Court
JON 0. NEWMAN, Circuit Judge.
This appeal requires us to determine whether a defendant’s prior offense is “similar to” the minor offenses listed in section 4A1.2(c)(l) of the Sentencing Guidelines, in which event it does not af- feet his Criminal History Category nor contribute to rendering him ineligible for the so-called “safety valve” exception to mandatory minimum sentencing for certain narcotics offenses. The prior offense at issue is a New York conviction for second-degree harassment. We must consider both how the “similar to” comparison should be made and whether the particular prior…
2Cases cited9 opinions
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- State v. WomackCourt of Appeals of Arizona · 1992
- United States v. J. Franklin KempCourt of Appeals for the Ninth Circuit · 1991
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