Mattis

MEMORANDUM *

In this appeal, we decide primarily whether Defendant-Appellant Benjamin Mattis’s 1996 state drug conviction for possession of cocaine for sale in violation of California Health & Safety Code § 11351 (1996), constitutes an “aggravated felony” under the Federal Sentencing Guidelines. We have jurisdiction over Mattis’s timely appeal pursuant to 28 U.S.C. § 1291 , and we agree with the district court that judicially noticeable documents demonstrate by clear and convincing evidence that Mattis’s 1996 state drug conviction qualifies as an aggravated felony. Therefore, we AFFIRM.

A. Standard of Review

We review de novo whether the aggravated felony provisions of the Sentencing Guidelines apply to Mattis’s 1996 California state conviction. See United States v. Rivera-Sanchez, 247 F.3d 905, 907 (9th Cir.2001) (en banc).

*775 B. Analysis

To qualify as an aggravated felony, Mattis’s 1996 state drug conviction must be a felony that is punishable under the Controlled Substances Act. See 8 U.S.C. § 1101 (a)(43)(B); 18 U.S.C. § 924 (c)(2); U.S.S.G. § 2L1.2, note 1.

In determining whether a prior conviction should be considered an aggravated felony for federal sentencing…