United States of America, Plaintiff-Appellee,
v.
Fabian MONTES-FLORES, Defendant-Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: September 17, 2013.
Decided: November 26, 2013.
Attorney(s) appearing for the Case
ARGUED: Kimberly Harvey Albro , Office of the Federal Public Defender, Columbia, South Carolina, for Appellant.
Robert Nicholas Bianchi , Office of the United States Attorney, Charleston, South Carolina, for Appellee.
ON BRIEF: Ann Briks Walsh , Assistant Federal Public Defender, Office of the Federal Public Defender, Charleston, South Carolina, for Appellant. William N. Nettles , United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellee.
Vacated and remanded by published opinion. Judge THACKER wrote the majority opinion, in which Judge KING joined. Judge SHEDD wrote a dissenting opinion.
United States Court of Appeals, Fourth Circuit.
THACKER, Circuit Judge:
Appellant Fabian Montes-Flores ("Appellant") challenges his sentence of 46 months imprisonment, imposed as a result of his conviction pursuant to a violation of 8 U.S.C. § 1326 for illegal reentry into the United States after being previously removed. In this appeal, Appellant argues the district court erred by employing the modified categorical approach to determine that his prior conviction...
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