United States v. Heriberto Sandoval-Venegas

This appeal stems from Heriberto Sandoval-Venegas’ conviction for bank robbery and the district court’s imposition of an enhanced sentence based on two prior convictions. Pursuant to a conditional guilty plea, Sandoval challenges the district court’s finding that there was probable cause for his arrest and its determination that he was a career offender under United States Sentencing Guidelines Manual (“Guidelines”) §§ 4B1.1 & 4B1.2. We affirm the district court’s probable cause ruling. We likewise affirm the district court’s determination that California Health & Safety Code § 11359, which prohibits the possession of marijuana for sale, is a qualifying statute for purposes of the Guidelines career offender enhancement. Nevertheless, because certain documentation standards must be met as a predicate to enhancement, as we recently clarified in United States v. Matthews, 278 F.3d 880 (9th Cir.) (en banc) (as amended), cert. denied, — U.S. -, 122 S.Ct. 2345 , 153 L.Ed.2d 173 (2002), and United States v. Corona-Sanchez, 291 F.3d 1201 (9th Cir. 2002) (en banc), we reverse the career offender determination as to Sandoval’s burglary conviction and remand for resen-tencing.

I. Probable…