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U.S. v. GRAHAM

No. 98-1556.

169 F.3d 787 (1999)

UNITED STATES of America v. Winston C. GRAHAM a/k/a Vincent Graham, a/k/a Michael Diamond a/k/a Tyrone L. Simmons, Winston C. Graham, Appellant

United States Court of Appeals, Third Circuit.

Decided March 5, 1999.

Attorney(s) appearing for the Case

Maureen Kearney Rowley, Chief Federal Defender, David L. McColgin, Assistant Federal Defender, Supervising Appellate Attorney, Sylvia A. Russianoff (Argued), Assistant Federal Defender, Defender Association of Philadelphia, Philadelphia, PA, for Appellant.

Michael R. Stiles, United States Attorney, Walter S. Batty, Jr., Assistant United States Attorney, Chief of Appeals, Judy Goldstein Smith, Robert A. Zauzmer (Argued), Assistant United States Attorneys, Philadelphia, PA, for Appellee.

Before: BECKER, Chief Judge, SCIRICA and ROSENN Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

This case requires us to determine whether a misdemeanor can be an "aggravated felony" under a provision of federal law even if it is not, technically speaking, a felony at all. The particular question before us is whether petit larceny, a class A misdemeanor under New York law that carries a maximum sentence of one year, can subject a federal defendant to the extreme sanctions imposed by the "aggravated felon" classification...

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