Bowman

MEMORANDUM *

The government appeals the district court’s determination that Defendant Kirk Bowman was not eligible for career offender status under the United States Sentencing Guidelines. Specifically, the district court determined that Bowman’s 1991 conviction for a violation of California Health & Safety Code § 11351 did not constitute a “controlled substance offense” under section 4B1.2 of the United States Sentencing Guidelines (“USSG”), and was therefore not a predicate offense for career offender status under USSG § 4B1.1. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Whether a prior offense may be used for sentencing purposes is reviewed de novo. United States v. Wenner, 351 F.3d 969, 971 (9th Cir.2003). “[T]he government has the burden to establish clearly and unequivocally the conviction was based on all of the elements of a qualifying predicate offense.” United States v. Navidad-Marcos, 367 F.3d 903, 908 (9th Cir.2004). Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

The district court properly determined that the government failed to demonstrate clearly and unequivocally that…