United States v. Fernandez-Antonia, 278 F.3d 150
(2d Cir. Jan. 29, 2002) (New York conviction for attempted
robbery in the third degree, in violation of N.Y. Penal Law
§ 110.00, met the definition of "aggravated felony"
under INA § 101(a)(43)(U), 8 U.S.C. 1101(a)(43)(U), for
purposes of illegal re-entry sentence enhancement under U.S.S.G.
§ 2L1.2(b)(1)(A), despite the argument that the New York statute
defining "attempt" includes additional activity
that is not included in "attempt" under federal
law, since the court must consider state judicial decisions
interpreting the state statute, and is not limited to the
words of the statute itself).