United States Ninth Circuit

The federal crime of attempted possession of a controlled substance with intent to sell encompasses the California-defined crime of purchasing cocaine base for purposes of sale. Thus, a conviction under California Health and Safety Code section 11351.5 for possession or purchase of cocaine base with intent to distribute categorically qualifies as a predicate drug trafficking offense under the federal sentencing guidelines.

Appellate Information

• Argued 11/18/2005
• Decided 05/31/2006
• Published 05/31/2006

Judges

• Before: GOODWIN, O'SCANNLAIN, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Rene L. Valladares, Assistant Federal Public Defender, Las Vegas, Nevada, for the appellant.


• For Appellees:
  
• Elizabeth A. Olson, United States Department of Justice, Criminal Division, Washington, D.C., for the appellee.