Defendant’s sentence for illegally reentering the U.S. following removal is vacated where criminal possession of a weapon in the second degree, in violation of N.Y. Penal Law section 265.03, is not a crime of violence for the purposes of Sentencing Guidelines section 2L1.2(b)(1)(A)(ii).
Read US v. Gamez, No. 07-3660
Appellate Information
Argued: September 23, 2008
Decided: December 5, 2008
Opinion filed: August 20, 2009
Judges
Per Curiam
Counsel
For Appellant:
Edward S. Zas, Appeals Bureau, Federal Defenders of New York, Inc., New York, NY
For Appellee:
Sharon E. Frase, Assistant United States Attorney, New York, NY
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