United States v. Jose Dominguez-Garcia

MEMORANDUM

Defendant-Appellant Jose Dominguez-Garcia appeals his conviction for illegal reentry in violation of 8 U.S.C. § 1326 . Dominguez-Garcia was previously removed after a conviction for possessing methamphetamine for sale. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and now affirm.

1. The district court did not err when it denied Dominguez-Garcia’s motion to dismiss the indictment. Our case law establishes that California Health & Safety Code § 11878 and similarly structured statutes are “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 , at 830 n. 1 (9th Cir.2014) (concluding Calif. Health & Safety Code § 11358 is divisible); see also United States v. Torre-Jimenez, 771 F.3d 1163 (9th Cir.2014) (holding Calif. Health & Safety Code § 11351 is divisible); United States v. Huitron-Rocha, 771 F.3d 1183 (9th Cir.2014) (holding Calif. Health & Safety Code § 13352(a) is divisible); Coronado v. Holder, 759 F.3d 977 (9th Cir.2014) (holding Calif. Health & Safety Code § 11377(a) is…