United States v. Fabian Montes-Flores

Vacated and remanded by published opinion. Judge THACKER wrote the majority opinion, in which Judge KING joined. Judge SHEDD wrote a dissenting opinion.

THACKER, Circuit Judge:

Appellant Fabian Montes-Flores (“Appellant”) challenges his sentence of 46 months imprisonment, imposed as a result *361of his conviction pursuant to a violation of 8 U.S.C. § 1326 for illegal reentry into the United States after being previously removed. In this appeal, Appellant argues the district court erred by employing the modified categorical approach to determine that his prior conviction for assault and battery of a…