United States Ninth Circuit

Defendant's conviction and sentence for illegal reentry are affirmed where: 1) under the modified categorical approach, defendant's predicate conviction for possession of methamphetamine for sale in violation of Cal. Health and Safety Code section 11378 qualifies as a drug trafficking offense under 8 U.S.C. section 1101(a)(43)(B); 2) defendant was not denied his due process right to counsel during removal proceedings, and because he has not demonstrated a plausible claim for relief from the removal order, he was not prejudiced by any such denial; 3) defendant's section 11378 conviction supports the district court's imposition of a 16-level enhancement; and 4) the district court's imposition of supervised release is substantively reasonable.

Appellate Information

• Decided 12/20/2012
• Published 12/20/2012

Judges

• Zouhary

Court

• United States Ninth Circuit

Counsel