United States v. Abel Montoya-Gaxiola

MEMORANDUM **

Abel Montoya-Gaxiola (“Abel”) appeals his enhanced sentence, pursuant to 18 U.S.C. § 922(g)(5)(A) and U.S.S.G. § 2K2.1(b)(6)(B), for possession of a firearm or ammunition by an illegal alien in connection with another felony offense. Abel, his brother Rosario Montoya-Gaxiola (“Rosario”), and Fermín Ruiz-Braca-montes (“Ruiz”) were apprehended in the Arizona desert with or near blankets, large backpacks with significant food rations, a radio scanner, multiple cellular telephones, three firearms, and ammunition. 1 All three made statements to border patrol agents.

They were each…