Luna-Comacho

MEMORANDUM **

Manuel Luna-Comacho appeals the 51-month sentence imposed following his guilty plea to one count of being an alien found in the United States after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we affirm.

Luna-Comacho contends that the district court erred by enhancing his sentence sixteen (16) levels, pursuant to U.S.S.G. § 2L1.2(b)(l)(A), as an aggravated felon. Specifically, Luna-Comacho argues that his 1993 and 1997 Washington state felony convictions under its Uniform Controlled Substance Act, Wash. Rev. Code § 69.50.401 , do not qualify as aggravated felonies because the Washington statute encompasses non-aggravated felony conduct under the federal Controlled Substances Act, 21 U.S.C. § 801 et seq. Further, Luna-Comacho asserts that because the Washington statute is overly broad in this manner, the district court erred in examining probable cause statements to determine that the facts of these prior convictions still constituted aggravated felonies.

Luna-Comacho’s contention is foreclosed by our decision in United States v. Ibarra-Galindo, 206 F.3d 1337, 1341 (9th Cir.), cert. denied, 531 U.S. 1102 ,…