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United States v. Garcia-Ortiz

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Before Torruella, Circuit Judge, John R. Gibson, *fn1 Senior Circuit Judge, and Lipez, Circuit Judge.

José A. Garc¡a-Ortiz (“Garc¡a”) was convicted of intentionally obstructing and delaying commerce by robbery, armed robbery, and first degree murder under 18 U.S.C. §§ 2, 1951(b), 924(c)(1), and 924(j). The jury found him guilty on all three counts. Garc¡a was sentenced to life imprisonment for aiding and abetting and first degree murder and an additional ten years’ imprisonment for attempted murder. Garc¡a challenges his conviction on numerous grounds and challenges the length of his sentence as to Count One for intentional obstruction of commerce by robbery. After careful consideration, we affirm Garc¡a’s conviction but vacate and remand to the district court for resentencing as to Count One.

I. Background*fn2

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