United States v. Miguel De La Torre-Jimenez

Defendant Miguel de la Torre-Jimenez appeals his 18-month sentence following a guilty plea to one count of being a deported alien found in the United States after removal, in violation of 8 U.S.C. § 1326 . Applying the modified categorical approach, the district court concluded that Defendant’s prior conviction for possession of cocaine for sale, in violation of California Health and Safety Code section 11351, was for a “drug trafficking offense” under U.S.S.G. § 2L1.2(b)(l)(A). Defendant objected, arguing that (1) the court could not use the modified categorical approach because section 11351 is not “divisible” within the meaning of Descamps v. United States, — U.S. -, 133 S.Ct. 2276 , 186 L.Ed.2d 438 (2013), and (2) even if that approach is permissible, the documents presented by the government did not demonstrate that his prior conviction was for a “drug trafficking offense.” Reviewing de novo, United States v. Gomez-Leon, 545 F.3d 777, 782 (9th Cir.2008), we reject both arguments. Because the district court correctly applied the 16-level sentencing enhancement, we affirm.

DISCUSSION

Sentencing Guideline § 2L1.2(b)(l)(A) directs the sentencing court to increase the…