United States v. Remedios Catalan-Encarnacion

MEMORANDUM

Remedios Catalan-Encarnacion appeals from her sentence for illegally reentering this country after previous deportation in violation of 8 U.S.C. § 1326 . We conclude that the records of Catalan’s prior conviction for “sale of a controlled substance” under California Health and Safety Code § 11379(a) do not establish that she was convicted of a “drug trafficking offense” for the purposes of § 2L1.2(b)(1)(B) of the Sentencing Guidelines. We therefore vacate Catalan’s sentence and remand for re-sentencing.

A conviction for violation of California Health and Safety Code § 11379(a) does not categorically qualify as a “drug trafficking offense” under the Sentencing Guidelines. United States v. Navidad-Marcos, 367 F.3d 903, 908 (9th Cir.2004), overruled on other grounds by United States v. Snellenberger, 548 F.3d 699, 702 (9th Cir.2008) (en banc). Section 11379(a) allows the conviction of any person who “transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport” certain controlled substances. Some of this conduct…