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U.S. v. ORTIZ-GOMEZ

No. 08-40292.

562 F.3d 683 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos ORTIZ-GOMEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 10, 2009.

Attorney(s) appearing for the Case

Carmen Castillo Mitchell, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Edward F. Garza (Court-Appointed), Corpus Christi, TX, for Ortiz-Gomez.

Before DAVIS, SMITH and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Carlos Ortiz-Gomez appeals his sentence, contending that his prior conviction under Pennsylvania law for a terroristic threat was not a crime of violence within the meaning of the federal Sentencing Guidelines. We vacate and remand for resentencing.

I

Ortiz-Gomez was convicted in Pennsylvania of making a terroristic threat in violation of title 18 Pennsylvania Consolidated Statutes § 2706(a). Following this conviction and...

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