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U.S. v. ROSA

Docket No. 05-3621-cr.

507 F.3d 142 (2007)

UNITED STATES of America, Appellee, v. Eduardo ROSA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Final Submissions: May 4, 2007.

Decided: October 30, 2007.

Attorney(s) appearing for the Case

Jesse M. Furman, Assistant United States Attorney for the Southern District of New York (Michael J. Garcia, United States Attorney, Jonathan S. Kolodner, Assistant United States Attorney, on the brief), New York, NY, for Appellee.

Paul P. Rinaldo, Forest Hills, NY, for Appellant.

Before: KEARSE and SACK, Circuit Judges, and MILLS, District Judge.

SACK, Circuit Judge:

This appeal presents the narrow question of whether, under the circumstances here presented, Eduardo Rosa's 1991 New York state-court guilty plea to a charge of Robbery in the First Degree qualifies as a "violent felony" conviction under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (the "ACCA"). The district court decided that it did, and that, therefore, it was bound to impose on Rosa a mandatory...

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