What is the test for determining whether a prior conviction is for a violent felony?
MultiRegion, United States of America
The following excerpt is from United States v. Bordeaux, 886 F.3d 189 (2nd Cir. 2018):
To determine whether a given prior conviction is for a violent felony, we "first identify the elements of the statute forming the basis of the defendant's conviction. In doing so, we examine what is the minimum criminal conduct necessary for conviction under [that] particular [state] statute." Stuckey v. United States , 878 F.3d 62, 67 (2d Cir. 2017) (alterations in original) (internal quotation marks and citations omitted).
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