United States Ninth Circuit

Under Taylor's categorical approach, the full range of conduct proscribed by California Health and Safety Code section 11359 falls within the Sentencing Guidelines' definition of drug trafficking offense. A sentence for re-entering the U.S. after removal is affirmed over claims that his sentence was improperly enhanced in that: 1) the district court improperly found that defendant's prior removal "was subsequent to a conviction for commission of an aggravated felony;" and 2) the district court erred in finding that his prior conviction for possession of marijuana for sale under California Health and Safety Code section 11359 was a drug trafficking offense under the guidelines.

Appellate Information

• Argued 10/19/2006
• Decided 11/21/2006
• Published 11/21/2006

Judges

• Before HARRY PREGERSON, RONALD M. GOULD, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Stephen D. Demik, Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant David Martinez-Rodriguez., Carol C. Lam, United States Attorney, L. Marcel Stewart, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for plaintiff-appellee United States of America.