United States Ninth Circuit

In a prosecution for illegal reentry following deportation, the case is remanded for resentencing, where: 1) a conviction under California Health and Safety Code section 11351 does not qualify categorically as a "drug trafficking offense" for the purposes of U.S. Sentencing Guidelines section 2L1.2; but 2) the defendant's prior section 11351 conviction qualified as a "drug trafficking offense" using the modified categorical approach; and 3) the sentencing error was not harmless.

Appellate Information

• Decided 05/30/2012
• Published 05/30/2012

Judges

• M. Smith

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jean-Claude Andre, Carlton Gunn