United States v. Regnaldo Vargas-Mendoza

MEMORANDUM

Regnaldo Vargas-Mendoza appeals his sentence for illegal reentry after removal in violation of 8 U.S.C. § 1326 . Vargas-Mendoza argues that his prior state conviction for possession of cocaine with intent to deliver under Wash. Rev.Code § 69.50.401 is not categorically a “drug trafficking offense” warranting a 16 level increase in his offense level under U.S.S.G. § 2L1.2(b)(l)(A)(i). He also contends that the district court proeedurally erred by failing to explain its decision to apply the 16 level increase, and that the government was required to charge and prove to a jury the fact of his prior conviction, contrary to the holding in Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

1. The district court properly concluded that a conviction under Wash. Rev. Code § 69.50.401 is categorically a conviction for a “drug trafficking offense” as defined by U.S.S.G. § 2L1.2(b)(l)(A)(i). We look to the statute of conviction to determine whether the state statute potentially criminalizes conduct that would not qualify as a “drug trafficking offense” as…