Zamora

United States v. Zamora

Good Law
15 F. App'x 478
United States Court of Appeals for the Ninth CircuitJuly 23, 2001No. 00-50518; D.C. No. CR-00-00236-JNKCalifornia355 words

Opinion

Lead Opinion

MEMORANDUM **

Frank Zamora, Sr. appeals his 77-month sentence imposed following a plea of guilty to three separate counts of possession and distribution of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, United States v. Casarez-Bravo, 181 F.3d 1074, 1076 (9th Cir.1999), and we affirm.

Zamora contends that his prior conviction for the sale of marijuana does not constitute a predicate offense for purposes of the career offender enhancement, because the documents on which the Government relies do not show he was convicted of a “controlled substance offense” as defined by U.S.S.G. § 4B1.2(b). This contention fails because the California complaint and guilty plea, initialed by Zamora and signed by his attorney, reliably establish that the prior conviction for selling marijuana to an undercover officer constitutes a predicate offense. See Casarez-Bravo, 181 F.3d at 1077-78 (recognizing that conviction under Cal. Health & Safety Code § 11360 (a) does not in and of itself constitute a controlled substance offense, in the absence of judicially noticeable evidence that conviction is based on conduct specified…

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