United States v. Alfonso Anorve-Verduzco

MEMORANDUM

Appellant Alfonso Anorve-Verduzco pled guilty to illegal reentry following deportation in violation of 8 U.S.C. § 1326 (a), (b)(1). At sentencing, the district court found that Verduzco’s prior conviction for possession or purchase for sale of designated controlled substances in violation of California Health and Safety Code section 11351, was a “drug trafficking offense” under U.S.S.G. § 2L1.2(b)(l)(A)(i) and imposed the 16-level enhancement prescribed in that section. Verduzco appealed, arguing that the district court was correct when it ruled that his prior California conviction did not categorically qualify as a “drug trafficking offense,” but that it erred when it found that the prior California conviction qualified as a “drug trafficking offense” under the modified categorical approach.

We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 8742 , and review de novo a district court’s determination that a prior conviction qualifies for a sentencing enhancement under U.S.S.G. § 2L1.2. United States v. Valle-Montalbo, 474 F.3d 1197, 1199 (9th Cir.2007) (citing United States v. Villa-Lara, 451 F.3d 963, 964 (9th Cir.2006)). For the following reasons, the…