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UNITED STATES v. MONTANO

No. 23-2030.

109 F.4th 1275 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Eligius MONTANO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED July 23, 2024.

Attorney(s) appearing for the Case

Violet Edelman, Assistant Federal Public Defender (Martín Juárez, Assistant Federal Public Defender, on the briefs), Office of the Federal Public Defender, District of New Mexico, Albuquerque, New Mexico, for Defendant-Appellant.

Jaymie L. Roybal, Assistant United States Attorney (Alexander M.M. Uballez, United States Attorney, with her on the briefs), Office of the United States Attorney, District of New Mexico, Albuquerque, New Mexico, for Plaintiff-Appellee.

Before ROSSMAN, KELLY, and MURPHY, Circuit Judges.

I. Introduction

In 2022, Eligius Montano pleaded guilty to robbing a Metro PCS store in Belen, New Mexico. At sentencing, the district court applied two relevant guidelines enhancements: an increase in his offense level pursuant to U.S.S.G. § 2B3.1(b)(2)(E) for creating...

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