United States v. Guillermo Alamos

MEMORANDUM

Guillermo E. Alamos was convicted of illegal reentry, 8 U.S.C. § 1826 , and challenges the district court’s application of a 16-level sentencing enhancement based on a prior drug trafficking conviction, as well as the substantive reasonableness of his sentence. Reviewing the district court’s analysis of the prior drug conviction de novo, United States v. Laurico-Yeno, 590 F.3d 818, 820 (9th Cir.2010), and the sub stantive reasonableness of its sentencing decision for abuse of discretion, United States v. Vasquez-Perez, 742 F.3d 896, 901 (9th Cir.2014), we affirm.

1. Alamos first argues that California Health & Safety Code § 11351 is “indivisible” under Descamps v. United States, — U.S. -, 133 S.Ct. 2276, 2284 , 186 L.Ed.2d 438 (2013). However, we recently held that the modified categorical analysis applies to a statute that, like § 11351, sets forth potential offense elements in the alternative. Coronado v. Holder, No. 11-72121, 759 F.3d 977, 983-86 , 2014 WL 3537027, at *4-5 (9th Cir. July 18, 2014) (analyzing California Health & Safety Code § 11377). Alamos concedes that Coronado , if correctly decided, forecloses his argument. We agree and Coronado is now binding…