United States Ninth Circuit

A sentence for illegal reentry into the U.S. is affirmed where: 1) district court properly applied the modified categorical approach when it concluded that defendant's prior conviction under California Health and Safety Code section 11360(a) was a "drug trafficking offense"; 2) it properly relied on certain police reports in concluding that defendant was previously convicted of selling marijuana; 3) consequently, an offense-level enhancement under the Guidelines was warranted; and 4) the sentence was reasonable.

Appellate Information

• Argued 06/10/2008
• Decided 08/12/2008
• Published 08/12/2008

Judges

• N. RANDY SMITH, Circuit Judge:, Before:  MARY M. SCHROEDER and N. RANDY SMITH, Circuit Judges, and VALERIE BAKER FAIRBANK, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Amitai Schwartz, Emeryville, CA, for defendant-appellant Julio Almazan-Becerra., Barbara J. Valliere, Assistant United States Attorney, San Francisco, CA, for plaintiff-appellee United States of America.