Duncan

MEMORANDUM **

■ Antwan Duncan appeals from the 42-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*718 Duncan contends that the district court erred in determining that his 1989 conviction for violating California Health & Safety Code § 11352 is a controlled substance offense as defined by U.S.S.G. § 4B1.2. We conclude that the documentation of the conviction, including the transcript of the plea hearing, clearly establishes that the conviction did satisfy all the elements of a controlled substance offense and, therefore, the district court properly determined, using a modified categorical approach, that this conviction constitutes a controlled substance offense as defined by U.S.S.G. § 4B1.2. See United States v. Hernandez-Valdovinos, 352 F.3d 1243, 1247-48 (9th Cir.2003).

Because the sentence imposed was reasonable, we affirm. See United States v. Plouffe, 445 F.3d 1126, 1131 (9th Cir.), cert. denied, — U.S. -, 126 S.Ct. 2314 , 164 L.Ed.2d 832 (2006).

AFFIRMED.

This disposition is not appropriate…