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Judge Reena Raggi

In a rare case of en banc review, judges of the U.S. Appeals Court for the Second Circuit eschewed traditional ideological divisions Tuesday in ruling that the crime of first-degree manslaughter in New York is a “categorically” violent felony that can subject defendants to harsh mandatory sentences.

The finding, which exposed a 9-5 divide among 14 of the circuit’s active and senior judges, extended to crimes of omission, which the majority said now qualified as a basis for sentencing enhancements under federal law.

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Tom McParland

Tom McParland of New York Law Journal can be contacted at [email protected] Follow him on Twitter @TMcParlandALM.

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