Second Circuit· 10/30/2007

United States v. Rosa

Citations

507 F.3d 142
2007 U.S. App. LEXIS 25362
2007 WL 3146045

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that factual findings by judge are made part of the conviction only when they are confirmed by the defendant upon entering the plea
holding that defendant’s silence was not an admission where defendant had no reason to contradict judge’s statement
applying “Shepard’s requirement that district courts limit their consideration to particular documents that can identify the underlying facts of a prior conviction with certainty ” (emphasis added)
recognizing then-open question as to whether, if a defendant failed to object to a PSR’s findings (as happened here), “a sentencing court may look to [that] PSR . . . to determine [if] the underlying facts of a previous conviction” constituted an ACCA “violent felony”
“We are not convinced, notwithstanding the Shepard Court’s reference to ‘charging document[s]’ as potentially reliable indicia of the nature of prior convictions, that the Bill is therefore ‘Shepard evidence’ for our purposes.” (alteration in original)
defendant’s silence did not “assent” to judge’s characterization of offense

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse and Sack, Circuit Judges, and Mills, District Judge

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Cited by

32 cases in this archive cite this case; the 20 most cited are listed.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

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