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United States of America v. Carlos Davila-Felix, A/K/A Carlos Mona

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Before Lipez, Ripple, *fn1 and Howard, Circuit Judges.

In this direct appeal,*fn2 Carlos Davila-Felix seeks reversal of the sentence imposed by the United States District Court for the District of Puerto Rico.*fn3

In March 2009, a jury found Mr. Davila-Felix guilty of using force and intimidation to rob a bank insured by the Federal Deposit Insurance Corporation (“FDIC”), in violation of 18 U.S.C. § 2113(a), (d), and knowingly brandishing a firearm during the commission of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii). At the sentencing hearing, the district court concluded that Mr. Davila-Felix qualified for a mandatory life sentence under 18 U.S.C. § 3559(c)(1). In addition, the court determined that he qualified as a career offender under U.S.S.G. § 4B1.1. The court ultimately sentenced Mr. Davila-Felix to life imprisonment for the bank robbery offense and 84 months’ imprisonment for the weapons offense, to be served consecutively. The court also imposed a five-year term of supervised release for each conviction, to be served concurrently.

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