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U.S. v. HURELL

Docket Nos. 06-5653-cr, 06-5718-cr, 07-0116-cr.

555 F.3d 122 (2009)

UNITED STATES of America, Appellant, v. Jeffrey HURELL, Defendant-Appellee. United States of America, Appellant, v. Steven Bradley, Defendant-Appellee. United States of America, Appellant, v. Brian D. Watkins, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 28, 2009.

Attorney(s) appearing for the Case

Joseph J. Karaszewski, Assistant United States Attorney, (Terrance P. Flynn, United States Attorney for the Western District of New York, on the brief), Buffalo, NY, for Appellant.

Robert G. Smith, Assistant Federal Defender, Western District of New York, Rochester, NY (Jay S. Ovsiovitch, of counsel), for Defendants-Appellees Jeffrey Hurell & Steven Bradley.

Cheryl Meyers Buth, Law Offices of Thomas H. Burton, Buffalo, NY, for Defendant-Appellee Brian D. Watkins.

Before: KEARSE, CALABRESI, and SACK, Circuit Judges.

PER CURIAM:

The government appeals three judgments entered in the United States District Court for the Western District of New York. In each of these cases, the district court held that a prior conviction for burglary in the third degree under New York Law, N.Y. Pen. L. § 140.20 (Watkins), and/or a prior conviction for attempted burglary in the third degree (all three defendants), were not convictions for "crime[s] of violence," as defined by § 4B1.2(a)...

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