United States v. Ortiz-Gomez

OWEN, Circuit Judge:

Carlos Ortiz-Gomez appeals his sentence, contending that his prior conviction under Pennsylvania law for a terroristic threat was not a crime of violence within the meaning of the federal Sentencing Guidelines. We vacate and remand for resentencing.

I

Ortiz-Gomez was convicted in Pennsylvania of making a terroristic threat in violation of title 18 Pennsylvania Consolidated Statutes § 2706(a). Following this conviction and resulting incarceration, he was removed from York, Pennsylvania, to Mexico, and days later, in October 2007, he was apprehended in Texas. He pleaded guilty…