United States v. Luis Rodriguez-Munoz

MEMORANDUM

Defendant Luis Rodriguez-Munoz appeals the sentence imposed by the district court for a violation of 8 U.S.C. § 1326 , to which the district court, in calculating the appropriate range under the advisory sentencing guidelines, applied a 16-level enhancement based on Rodriguez’s prior conviction for a “drug trafficking offense.” We affirm.

We review de novo whether a prior conviction is a “drug trafficking offense” under the guidelines. United States v. Jennen, 596 F.3d 594, 600 (9th Cir. 2010); United States v. Jackson, 697 F.3d 1141, 1144 (9th Cir. 2012) (per curiam).

Under the guidelines, a “drug trafficking offense” is “an offense under federal, state, or local law that prohibits ... the possession of a controlled substance ... with intent to manufacture, import, export, distribute, or dispense.” U.S.S.G. § 2L1.2, cmt. n.l(B)(iv). A conviction for such an offense that resulted in a sentence exceeding thirteen months provides the basis for a 16-level enhancement. U.S.S.G. § 2L1.2(b)(l)(A)(i). A “controlled substance” for the purposes of the Guidelines is a substance listed in the federal Controlled Substances Act (“CSA”). United States v. Leal-Vega, 680 F.3d 1160,…