United States v. Manuel Jesus Valle-Montalbo

INTRODUCTION

Manuel Jesus Valle-Montalbo (“Valle-Montalbo”) appeals his sentence for illegal re-entry into the United States after deportation in violation of 8 U.S.C. § 1326 . In particular, Valle-Montalbo challenges an enhancement of his sentence under United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”) § 2L1.2(b)(l)(A) based on his prior conviction for possessing methamphetamine for sale in violation of California Health & Safety Code § 11378. We must determine whether a violation of Health & Safety Code § 11378 is a “drug trafficking offense” under § 2L1.2(b)(l)(A). We conclude that it is and affirm Valle-Montalbo’s sentence.

On October 31, 2005, the district court accepted Valle-Montalbo’s guilty plea for illegal re-entry and heard argument regarding sentencing. The district court found that there was sufficient proof that Valle-Montalbo suffered a prior drug trafficking conviction for violating Health & Safety Code § 11378, and imposed an enhancement of 16 levels under § 2L1.2(b)(l)(A)(i). The district court sentenced Valle-Montalbo to 70 months in prison, followed by three years of supervised release. Valle-Montalbo filed a timely notice of appeal. We have…