United States v. Rodolfo Suarez, Jr.

Defendant-Appellant Rodolfo Suarez appeals his conviction for conspiracy to distribute and to possess with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(A), and 846. Suarez contends that the guilty verdict on that charge is fatally inconsistent with the jury’s decision to acquit him on a charge of possession with intent to distribute methamphetamine in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A). Suarez also appeals his sentence of 240 months’ imprisonment, which the district court imposed based on the twenty-year mandatory minimum required by 21 U.S.C. § 841 (b)(1)(A). He contends that his 2003 guilty plea to felony drug possession in California state court does not qualify as a “prior conviction” that “has become final” within the meaning of § 841(b)(1)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm Suarez’s conviction, but vacate his sentence, and remand for resentencing.

I. Background

CaLPenal Code § 1000.1(b) provides for deferred entry of judgment for a first-time drug offender who meets certain pre-requisites, pleads guilty, and enters a drug…