Paz-Miralda

MEMORANDUM *

The government appeals from a sentence imposed on Paz-Miralda with an enhancement of four rather than eight levels. The question before us is whether simple possession of a controlled substance under Wash. Rev.Code § 69.50.401(d) is an aggravated felony under the 2001 revisions of U.S.S.G. § 2L1.2(b)(1)(C). The district court had jurisdiction pursuant to 18 U.S.C. § 3231 , and we have jurisdiction over the timely appeal under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (b). The district court’s conclusion that drug possession is not an aggravated felony under U.S.S.G. § 2L1.2(b)(1)(C) is reviewed de novo. United States v. Arellano-Torres, 303 F.3d 1173, 1176 (9th Cir.2002).

*110 In 1997, Paz-Miralda was convicted of felony drug possession of cocaine under Wash. Rev.Code § 69.50.401(d). This is an “aggravated felony” under the 2001 amendments to U.S.S.G. § 2L1.2(b)(1)(C) because it is a felony under state law, United States v. Ibarra-Galindo, 206 F.3d 1337, 1338 (9th Cir.2000), and is punishable under the federal Controlled Substances Act. Id. at 1340 n. 1, 1341; 21 U.S.C. § 844 (a). United States v. Soberanes, 318 F.3d 959 (9th Cir.2003) (holding the Ibarra-Galindo…