United States v. Rodrigo Alejandro Morales-Perez

Rodrigo Alejandro Morales-Perez (“Morales-Perez”) pled guilty to one count of unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326 . He appeals his 70-month sentence, arguing that the district court erred when it concluded that his prior conviction under California Health and Safety Code section 11351.5 for possession or purchase of cocaine base with intent to distribute categorically qualified as a drug trafficking offense under the United States Sentencing Guidelines. See U.S.S.G. § 2L1.2(b)(l)(A). Morales-Perez also contends that the district court erred in sentencing him above the two-year statutory maximum for convictions under 8 U.S.C. § 1326 based on his prior conviction. We affirm the district court. The definition of drug trafficking offense contained within the Sentencing Guidelines encompasses both possession and purchase with intent to distribute. See U.S.S.G. § 2L1.2 cmt. n. l(B)(iv). Furthermore, the district court properly considered Morales-Perez’s prior conviction in sentencing him above the statutory maximum. See Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998). However, we order a limited remand to the…