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U.S. v. HERNANDEZ-MONTES

No. 15-40544.

831 F.3d 284 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Eduardo HERNANDEZ-MONTES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed July 25, 2016.

Attorney(s) appearing for the Case

Paula Camille Offenhauser , Renata Ann Gowie , Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Evan Gray Howze , Laura Fletcher Leavitt , Scott Andrew Martin , Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before SMITH, BARKSDALE, and COSTA, Circuit Judges.

Victor Hernandez-Montes contends his Florida conviction of attempted second-degree murder cannot be the basis of a sixteen-level crime-of-violence ("COV") sentence enhancement. We agree and therefore vacate and remand for resentencing.

I.

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