United States v. Ruben Ruiz-Rosales

MEMORANDUM

Ruben Ruiz-Rosales appeals from the district court’s judgment and challenges the 30-month sentence following his guilty plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

In imposing the 30-month sentence, the district court correctly determined that California Health & Safety Code § 11351 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 United States v. Torre-Jimenez, 771 F.3d 1163, 1167 (9th Cir.2014) (holding section 11351 is divisible).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. .