United States v. Montes-Flores, No. 12-4760 (4th Cir. 2013)Annotate this Case
Defendant was convicted of illegal reentry after being previously removed in violation of 8 U.S.C. 1326. On appeal, defendant challenged his sentence of 46 months imprisonment. The court vacated the sentence and remanded for resentencing, concluding that the district court erroneously applied the modified categorical approach to defendant's prior conviction for assault and battery of a high and aggravated nature - an indivisible common law crime.