Legal Opinion
United States v. Rosa
Court of Appeals for the Second Circuit
Decided October 30, 2007No. Docket 05-3621-crPublishedCited by 50 opinions
1Opinion of the Court
SACK, Circuit Judge:
This appeal presents the narrow question of whether, under the circumstances here presented, Eduardo Rosa’s 1991 New York state-court guilty plea to a charge of Robbery in the First Degree qualifies as a “violent felony” conviction under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (the “ACCA”). The district court decided that it did, and that, therefore, it was bound to impose on Rosa a mandatory minimum sentence of fifteen years’ (180 months’) imprisonment under the ACCA.
We disagree. Under Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205…
2Cases cited25 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- Jones v. United StatesSupreme Court of the United States · 1999
- Von Moltke v. GilliesSupreme Court of the United States · 1948
20 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- United States v. SavageCourt of Appeals for the Second Circuit · 2008
- United States v. BeardsleyCourt of Appeals for the Second Circuit · 2012
- United States v. GamezCourt of Appeals for the Second Circuit · 2009
- United States v. DantzlerCourt of Appeals for the Second Circuit · 2014
- United States v. ReyesCourt of Appeals for the Second Circuit · 2012
45 more not listed; retrieve them via the Exa API.