Morales-Perez
United States v. Morales-Perez
Opinion
Opinion
Tallman, J.
ORDER
The panel opinion filed on May 31, 2006, is withdrawn. A substitute opinion shall be filed concurrently with this order.
Judges O’Scannlain and Tallman have voted to deny the petition for rehearing en banc, and Judge Goodwin so recommends.
The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
The petition for rehearing en banc is denied. No further petitions for rehearing shall be entertained.
OPINION
Rodrigo Alejandro Morales-Perez (“Morales-Perez”) pled guilty to one count of unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326 . He appeals his 70-month sentence, arguing that the district court erred when it concluded that his prior conviction under California Health and Safety Code section 11351.5 for possession or purchase of cocaine base with intent to distribute categorically qualified as a drug trafficking offense under the United States Sentencing Guidelines. See U.S.S.G. § 2L1.2(b)(l)(A). Morales-Perez also contends that the district court erred in sentencing him above the two-year statutory maximum for convictions under 8 U.S.C. § 1326…