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).
Argued: September 23, 2008
Decided: December 5, 2008
Opinion filed: August 20, 2009
Edward S. Zas, Appeals Bureau, Federal Defenders of New York, Inc., New York, NY
Sharon E. Frase, Assistant United States Attorney, New York, NY