Perez

SENTENCING ORDER

CHARLES R. BREYER, United States District Judge *1059 The Court has sentenced Defendant Rose Perez to sixty months imprisonment following her conviction for possession with intent to distribute Methamphetamine in violation of 21 U.S.C. § 841 (a)(1) and § 841(b)(1)(B). The first Presentence Report calculated Perez's Total Offense Level as 31, based, in part, on its determination that she qualified as a career offender under United States Sentencing Guidelines §§ 4B1.1 and 4B1.2(b). At sentencing, Perez argued that the two prior convictions that the Presentence Report identified as the basis for this determination did not qualify as controlled substance offenses. The government did not disagree. This Court thus sentenced Perez on the understanding that Perez's Total Offense Level was properly calculated without the career offender enhancement, and was thus properly calculated as 28.

Although the parties did not dispute at sentencing that Perez's prior convictions did not qualify as controlled substance offenses, this Court considers it prudent to state why it agrees that these prior convictions under California Health and Safety Code § 11378 do not, in light of…