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On March 2, 2021, in a rare
en banc decision,
United States v. Scott, the Second
Circuit held in a divided 9-5 opinion that New York first-degree
manslaughter is categorically a “violent felony” under
the Armed Career Criminal Act potentially subjecting
defendants to the statute s mandatory minimum
sentences and a “crime of violence” under the
Career Offender provision of the Sentencing Guidelines, regardless
of the fact that manslaughter can be carried out by omission.
Gerald Scott was convicted of three federal crimes in
2006. At sentencing, the district court applied the mandatory