Tovar-Torres

MEMORANDUM

Heriberto Tovar-Torres challenges the district court’s finding that his prior conviction for “theft and unlawful driving or taking of a vehicle” under California Vehicle Code § 10851(a) constitutes an “aggravated felony” under the “theft offense” provision of 8 U.S.C. § 1101 (a)(43).

An “aggravated felony” under Section 1101(a)(43) includes “a theft offense (including receipt of stolen property) ... for which the term of imprisonment [is] at least one year.” 8 U.S.C. § 1101 (a)(43)(G).

California Vehicle Code § 10851(a) provides, in relevant part, that

Cal. Veh.Code § 10851(a).

Since all of the behavior proscribed by California Vehicle Code § 10851(a) substantially corresponds to the Model Penal Code’s definitions of theft and theft-related offenses, Tovar-Torres’s predicate conviction qualifies as a “theft offense” under 8 U.S.C. § 1101 (a)(43)(G). See United States v. Corona-Sanchez, 234 F.3d 449, 454-55 (9th Cir.2000). Because TovarTorres received a three-year sentence for his prior California conviction, the offense constitutes an “aggravated felony.”

AFFIRMED.

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