Michel-Garcia

MEMORANDUM **

Jose Alberto Michel-Garcia appeals from his 77-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Michel-Garcia contends that the government produced insufficient evidence to demonstrate clearly and unequivocally that his prior conviction under California Health & Safety Code § 11352(a) qualified as a “drug trafficking offense” for the purpose of a sentencing enhancement under U.S.S.G. § 2L1.2(b)(l)(A).

California Health and Safety Code § 11352 is over-inclusive under the categorical approach of Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). See United States v. Rivera-Sanchez, 247 F.3d 905, 909 (9th Cir.2001) (en banc). Therefore, we must employ Taylor’s modified categorical approach to determine whether Michel-Garcia’s prior conviction qualifies as a predicate drug trafficking offense. See id.

Considered together, the charging document, abstract of judgment, and the change of plea form, which specifically noted that Michel-Garcia pled guilty and admitted that he “sold .08…