United States v. Jesus Montalvo Davila

JAMES E. GRAVES, JR., Circuit Judge:

*585 Defendant-Appellant Jesus Montalvo Davila moves to recall the mandate and for leave to file an out-of-time petition for panel rehearing in light of United States v. Herrold , 883 F.3d 517 (5th Cir. 2018) (en banc). In addition, the Federal Public Defender moves to be reappointed as Montalvo's counsel on appeal. We grant the motions.

I

In 2015, Montalvo pleaded guilty to reentering the United States in violation of 8 U.S.C. § 1326 (a) and (b)(2). The presentence report recommended applying a 16-level "crime of violence" enhancement pursuant to §…