Casillas

MEMORANDUM *

Paul Casillas appeals from the 57-month sentence imposed following his guilty plea conviction for violation of 18 U.S.C. § 922 (g)(1), being a felon in possession of a firearm. Casillas contends that the district court erred in its determination that his prior conviction for violating California Health and Safety Code § 11379 was a controlled substance offense for purposes of calculating his new sentence under USSG § 2K2.1(a)(4)(A). We agree.

*40 California Health & Safety Code § 11379 criminalizes a broader swath of conduct than the applicable definition under the federal sentencing guidelines. See United States v. Navidad-Marcos, 367 F.3d 903, 907-08 (9th Cir.2004). Therefore, as the government acknowledges, California Health & Safety Code § 11379 is not categorically a controlled substance offense for purposes of applying USSG § 2K2.1(a)(4)(A). The government instead asserts that the increased sentence is supported by the modified categorical approach, whereby a court may examine judicially noticeable documents to determine whether the defendant’s actual conduct in the prior conviction constituted a controlled substance offense as contemplated by the sentencing…