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U.S. v. RODRIGUEZ

No. 07 Cr 749 (SHS).

571 F.Supp.2d 580 (2008)

UNITED STATES of America, v. Raphael RODRIGUEZ, Defendant.

United States District Court, S.D. New York.

August 12, 2008.

Attorney(s) appearing for the Case

Peter Nicholas Tsapatsaris, Federal Defenders of New York Inc., New York, NY, for Defendant.

Michael Douglas Maimin, U.S. Attorney's Office, New York, NY, for Plaintiff.

OPINION

SIDNEY H. STEIN, District Judge.

The issue for resolution, not yet decided by the United States Court of Appeals for the Second Circuit, is whether grand larceny from a person, in violation of New York Penal Law § 155.30(5) is a "violent felony" as that term is used in the Armed Career Criminal Act, 18 U.S.C. § 924(e). Because conduct in violation of New York Penal Law § 155.30(5) "presents a serious potential risk of physical injury...

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