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U.S. v. MONTEJO

No. 05-4143.

442 F.3d 213 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Nicolas Manueles MONTEJO, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 29, 2006.

Attorney(s) appearing for the Case

ARGUED: Samuel Warrenton Meekins, Jr., Wolcott Rivers Gates, Virginia Beach, Virginia, for Appellant. Michael Calvin Moore, Assistant United States Attorney, Office of the United States Attorney, Norfolk, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Vincent L. Gambale, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Judge NIEMEYER and Judge GREGORY concurred.

WIDENER, Circuit Judge.

In this appeal, we construe, for the first time in the context present here, 18 U.S.C. § 1028A(a)(1), the federal aggravated-identity-theft statute. Prior to Nicolas Montejo's conviction on this charge at a bench trial, Montejo pleaded guilty to two predicate offenses, immigration...

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