United States v. Victor Hernandez-Montes

JERRY E. SMITH, Circuit Judge:

Victor Hernandez-Montes contends his Florida conviction of attempted second-degree murder cannot be the basis of a sixteen-level erime-of-violence (“COV”) sentence enhancement. We agree and therefore vacate and remand for resen-tencing.

I

In 1995, a friend drove Hernandez-Montes to a residence where Robert Oli-vares, Juan Gomez, and Rommel Villarreal were present. Hernandez-Montes remained in the car, exchanged words with the three, and opened fire on them. A Florida grand jury indicted Hernandez-Montes for attempted second-degree murder:

VICTOR EDUARDO HERNANDEZ…