United States v. Lorena Ortega-Mora

MEMORANDUM

Defendant-Appellant Lorena Ortega-Mora appeals her 51-month sentence for illegal reentry in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and now affirm.

California Health & Safety Code § 11378 is divisible within the meaning of Descamps v. United States, — U.S. -, 133 S.Ct. 2276 , 186 L.Ed.2d 438 (2013), and therefore subject to the modified categorical approach. See Padilla-Martinez v. Holder, 770 F.3d 825 , 831 n. 3 (9th Cir.2014) (concluding Cal. Health & Safety Code § 11378 is divisible); see also Coronado v. Holder, 759 F.3d 977 (9th Cir.2014) (holding Cal. Health & Safety Code § 11377 (a) is divisible). Accordingly, the district court did not err when it applied a 16-level enhancement under Guideline § 2L1.2(b) for Ortega-Mora’s prior conviction for possession of methamphetamine for sale.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. District of Ohio, sitting by designation.