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U.S. v. TORRES-MIGUEL

No. 11-4891.

701 F.3d 165 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus TORRES-MIGUEL, a/k/a Diego Miguel-Torres, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 13, 2012.

Attorney(s) appearing for the Case

ARGUED: John Herman Hare , Office of the Federal Public Defender, Columbia, South Carolina, for Appellant. Susan Zalkin Hitt , Office of the United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: Kimberly Albro , Research and Writing Specialist, Office of the Federal Public Defender, Columbia, South Carolina, for Appellant. William N. Nettles , United States Attorney, Columbia, South Carolina, for Appellee.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Judge DIAZ joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Jesus Torres-Miguel pled guilty to one count of illegal reentry by an aggravated felon, in violation of 8 U.S.C. §§ 1326(a) and 1326(b)(2) (2006). When sentencing him, the district court found that his previous state conviction for a criminal threat categorically constituted a prior "crime of violence," justifying a substantial enhancement of his sentence. The court then sentenced Torres-Miguel, with this...

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