United States Ninth Circuit

Imposition of a 41-month sentence on defendant, following a guilty plea to one count of reentering the United States after removal and without permission, is affirmed, where: 1) defendant was previously convicted for possession and transportation of cocaine for sale in violation of California Health and Safety Code section 11352(a); 2) because there is no meaningful divisibility distinction between section 11352(a) and the California drug laws at issue in Coronado v. Holder and United States v. De La Torre-Jimenez, section 11352(a) is divisible and the modified categorical approach applies; and 3) under the modified categorical approach, defendant's prior conviction was for a "drug trafficking offense" under U.S.S.G. section 2L1.2(b)(1)(A).

Appellate Information

• Decided 11/07/2014
• Published 11/07/2014

Judges

• Graber

Court

• United States Ninth Circuit

Counsel