The conviction of a federal defendant as a career offender can be substantiated by assault convictions secured against the same defendant during a prior stint in jail, U.S. District Judge Richard Berman of the Southern District of New York ruled in a case of first impression, denying an inmate’s motion to vacate his 2014 sentence of six years.

Berman wrote that the fact pattern is novel in the courts of the Second Circuit and confirmed to the same ruling reached by a court in the First Circuit.

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