US v. Rivera-Ramos, No. 08-10174

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.

Read US v. Rivera-Ramos, No. 08-10174

Appellate Information

Argued and Submitted April 14, 2009

Filed August 21, 2009

Judges

Opinion by Judge Reinhardt

Counsel

For Appellant:

Roger H. Sigal, Tucson, AZ

For Appellee:

Angela W. Woodridge, Assistant United States Attorney, Tucson, AZ