[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

________________________ No. 17

- 10564 Non

- Argument Calendar

________________________ D.C. Docket No. 0:16

- cr - 60152

- WJZ

- 2

UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus ANEURI MANZUETA, Defendant

- Appellant.

__________ ______________ Appeal from the United States District Court for the Southern District of Florida

________________________ (September 14, 2017) Before WILLIAM PRYOR , JORDAN and ROSENBAUM , Circuit Judges. PER CURIAM:

Case: 17-10564 Date Filed: 09/14/2017 Page: 1 of 42 Aneuri Manzueta appeals his sentence of 262 months of impr isonment, following his plea of guilty to conspir ing to possess with intent to distribute five kilograms or more of cocaine

. 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), 846

. Manzueta challenges his classification as a career offender under the Sentencing Guideli nes on the ground that his conviction in a New York co urt for attempted second

- degree robbery does not qualify a s a crime of violence. We affirm. We review de novo the classification of a defendant a s a career offender under the Guidelines. United States v. Gibson , 434 F.3d 1234, 1243 (11th Cir. 2006). We also review de novo whether a prior conviction qualifies as a crime of violence. United States v. Estrada , 777 F.3d 1318, 1321 (11th Cir. 2015). To qualify as a career offender, Manzueta must have two prior felony convictions for a crime of violence or a controlled substance offense. U nited S tates S entencing G uidelines Manual § 4B1.1 (Nov. 2016). A crime of violence consists of any offense under federal or state law, punishable by imprisonment for more than one year, that has as an element the use, attempted use, or threatened use of physical force against another person or that is murder, voluntary manslaughter, kidnapping, aggravated assault, a forcible sex offense, robbery, arson, extortion, or
t he use or unlawful possession of a firearm or explosive material. Id

. § 4B1.2(a). A crime of violence includes the offenses of aiding and abetting, conspiring, and attempt ing to commit such offenses. Id

. § 4B1.2 cmt. n.1.

Case: 17-10564 Date Filed: 09/14/2017 Page: 2 of 43 Under New York law, “[a] person is guilty of robbery in the second degree when he forcibly steals property .” N.Y. Penal Law § 160.10. “Robbery is forcible stealing” and occurs “ when, in the course of committing a larceny, a person uses or threatens the immediate use of p hysical force [] on another person for the purpose of . . . [p] reventing or overcoming resistance to the taking of the property or to [i t s] retention ” or for the purpose of “[c] ompelling the owner of such property or another person to deliver up the propert y or to engage in other conduct which aids in the commission of the larceny. ” Id. § 160.00. The district court did not err in counting Manzueta’s prior conviction for attempted second

- degree robbery as a crime of violence

. Second

- degree robbery as defined in the New York Penal law qualifies as a crime of violence under the elements and enumerated clauses of Guidelines. The offense requires as an element that the defendant us e or threaten the use of physical force against another person. See U.S.S .G. § 4B1.2(a)(1) ; United States v. Lockley , 632 F.3d 1238, 124 3

– 45 (11th Cir. 2011)

. Robbery also is a n enumerated offense . U.S.S.G. § 4B1.2(a)(2). And because the commentary to the guideline states that an attempt to commit a “crime of violence” is a “cr ime of violence,” Manzueta’s attempted robbery conviction qualifies categorically as a predicate for the career offender enhancement. Id. § 4B1.2 cmt. n.1 ; Lockley , 632 F.3d at 1245

. Furthermore , the S econd Circuit ha s held in at least two unpublished decisions that a conviction

Case: 17-10564 Date Filed: 09/14/2017 Page: 3 of 44 under Section 160.10 constitutes a crime of violence

. See United States v. Kornegay , 641 F. App ’ x 79, 85 (2d Cir. 2016) ; United States v. Garcia , 57 F. App’ x 486, 492 (2d Cir. 2003)

. W e AFFIRM Manzueta’s sentence. Case: 17-10564 Date Filed: 09/14/2017 Page: 4 of 4