United States v. Walker, Docket No. 05-3851-cr (2d Cir. March 30, 2006) (Straub, Sack, Trager (by desig’n)) (per curiam): Not much to this opinion, which holds that a conviction in New York State for attempted assault in the second degree, in violation of N.Y. Penal Law §§ 110/120.05(2), qualifies as a conviction for a “violent felony” within the meaning of 18 U.S.C. § 924(e)(1) & (e)(2)(B), and thus can serve as one of the three required predicates triggering the 15-year minimum under the ACCA. The statutory language seems to fit, Op. 3-4, [but see “Comments” below] and Congress can enact dumb laws if it so wishes.
The Circuit also quickly rejects Walker’s argument that his conviction should not be counted as an ACCA predicate because New York’s own definition of “violent felony” (for purposes of its sentencing laws) does not include attempted assault-2d: “Congress chose to define ‘violent felony’ by reference to the elements of the offense of conviction rather than to the status of that offense within the relvant state law.” Op. 4 (emphases in original).