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U.S. v. WALKER

Docket No. 08-3874-cr.

595 F.3d 441 (2010)

UNITED STATES of America, Appellee, v. Shameke WALKER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: February 18, 2010.

Attorney(s) appearing for the Case

Jenny R. Chou (James I. Glasser, on the brief), Wiggin and Dana LLP, New Haven, CT, for Defendant-Appellant.

Tanisha R. Simon, Assistant United States Attorney (Susan Corkery, Assistant United States Attorney, on the brief), for Benton J. Campbell, United States Attorney, Eastern District of New York, Brooklyn, NY, for Appellee.

Before: FEINBERG and KATZMANN, Circuit Judges, ELLIS, District Judge.

ELLIS, District Judge:

This appeal presents a question of first impression in this circuit, namely the proper Sentencing Guidelines treatment of prior convictions for state common law crimes. For the reasons that follow, we hold that the modified categorical approach applicable in this circuit to prior convictions for statutory offenses also applies to prior convictions for state common law crimes. We also conclude that the district court correctly applied this approach...

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