| The Second Circuit affirmed defendant's sentence after he pleaded guilty to being a felon in possession of a firearm and obstructing justice. The court held that defendant's prior conviction for New York first degree robbery was a violent felony as defined in the Armed Career Criminal Act (ACCA), because the forcible‐takings element common to New York robbery in every degree requires the use or threatened use of physical force as defined by the Supreme Court in Curtis Johnson v. United States, 559 U.S. 133, and Stokeling v. United States, 139 S. Ct. 544. The court explained that Samuel Johnson v. United States, 135 S. Ct. 2551, which invalidated the ACCA's residual clause definition of violent felony as unconstitutionally vague, does not undermine this court's precedents, both before and after Samuel Johnson, recognizing attempted drug sales or attempted drug possession with intent to sell in violation of New York law as serious drug offenses under the ACCA. Finally, the court held that the district court correctly followed controlling precedent in identifying defendant's two prior New York State drug convictions, one for attempted drug sale and the other for attempted drug possession with intent to sell, as serious drug offenses under the ACCA. |
