Valle-Montalbo

INTRODUCTION

Manuel Jesus Valle-Montalbo (“Valle-Montalbo”) appeals his sentence for illegal re-entry into the United States after deportation in violation of 8 U.S.C. § 1326. In particular, Valle-Montalbo challenges an enhancement of his sentence under United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”) § 2L1.2(b)(1)(A) based on his prior conviction for possessing methamphetamine for sale in violation of Cali- fornia Health & Safety Code § 11378. We must determine whether a violation of Health & Safety Code § 11378 is a “drug trafficking offense” under § 2L1.2(b)(1)(A). We con- clude that it is and affirm Valle-Montalbo’s sentence.

On October 31, 2005, the district court accepted Valle- Montalbo’s guilty plea for illegal re-entry and heard argument regarding sentencing. The district court found that there was sufficient proof that Valle-Montalbo suffered a prior drug trafficking conviction for violating Health & Safety Code § 11378, and imposed an enhancement of 16 levels under UNITED STATES v. VALLE-MONTALBO 1259 § 2L1.2(b)(1)(A)(i). The district court sentenced Valle- Montalbo to 70 months in prison, followed by three years of supervised…