Estrada-Soto

United States v. Estrada-Soto

Good Law
113 F. App'x 223
United States Court of Appeals for the Ninth CircuitOctober 27, 2004No. 03-10643; D.C. No. CR-03-00168-RLHCalifornia360 words

Opinion

Lead Opinion

MEMORANDUM *

Nicanor Estrada-Soto appeals his sentence following a guilty plea to unlawful reentry into the United States after prior deportation. We affirm.

Our review is for plain error as Estrada-Soto did not object to an increase in offense level pursuant to USSG § 2L1.2, and we see none. The statute under which Estrada-Soto was previously convicted criminalizes constructive as well as actual possession of cocaine for the purpose of *224 sale. In California, constructive possession includes maintaining control over, or the right to control, controlled substances. People v. Showers, 68 Cal.2d 639, 643-44 , 68 Cal.Rptr. 459 , 440 P.2d 939 (1968); California Jury Instructions—Criminal (CALJIC) 12.01. “Purchase” of cocaine for the purpose of sale is not obviously different from, or broader than, this. Neither Armstrong v. Superior Court, 217 Cal.App.3d 535, 539-40 , 265 Cal.Rptr. 877 (1990), nor People v. Howard, 33 Cal.App.4th 1407 , 39 Cal.Rptr.2d 766 (1995), requires a different result because different statutes were involved and Estrada-Soto was not convicted for an inchoate crime.

Estrada-Soto suggests that his prior conviction fails to qualify because California does not…

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