Defendant's sentence for illegal reentry into the U.S. is affirmed where New York's definition of attempted robbery, which requires conduct that comes within a dangerous proximity to the criminal end to be attained, is no broader than the definition at common law, which requires a "substantial step towards committing the crime," and thus attempted robbery under New York law is a "crime of violence" under the Sentencing Guidelines.
Argued and Submitted April 14, 2009
Filed August 21, 2009
Opinion by Judge Reinhardt
Angela W. Woodridge, Assistant United States Attorney, Tucson, AZ