United States Ninth Circuit

Affirming the conviction for conspiracy to distribute methamphetamine, but vacating and remanding for resentencing in a case where the government failed to prove that the defendant had a prior conviction for a felony drug offense when it admitted as a predicate offense a California Health and Safety Code conviction arising from a divisible statute susceptible to the modified categorical approach.

Appellate Information

• Published 2017/08/29

Judges

• EBEL

Court

• United States Ninth Circuit

Counsel