United States v. Morgan, 380 F.3d 698 (2d
Cir. Aug. 19, 2004) (New York conviction for second-degree
attempted murder, with sentence to indeterminate term of two-and-a-half
to seven-and-a-half years imprisonment, properly treated
as an "aggravated felony" for illegal re-entry sentencing
purposes, even though it was not an aggravated felony under
the relevant immigration statute at the time of the conviction).