U.S. v. MONTIEL-CORTES

No. 16-50074.

849 F.3d 221 (2017)

UNITED STATES of America, Plaintiff-Appellee v. Brandon Gabriel MONTIEL-CORTES, also known as Brandon Gabriel Garcia-Co, also known as Brandon Gabriel Garcia-Cortez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

REVISED February 1, 2017.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Elizabeth Berenguer , Assistant U.S. Attorneys, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

Kristin L. Davidson , Assistant Federal Public Defender, Maureen Scott Franco , Federal Public Defender, Federal Public Defender's Office, San Antonio, TX, for Defendant-Appellant.

Before DAVIS, DENNIS, and SOUTHWICK, Circuit Judges.


Brandon Gabriel Montiel-Cortes pleaded guilty to illegal reentry following deportation. At sentencing, the district court concluded that his 2013 Nevada conviction for robbery constituted a "crime of violence" within the meaning of United States Sentencing Guidelines § 2L1.2(b)(1)(A) (2015), thus triggering a 16-level increase to his offense...

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