Gutierrez-Cruz
United States v. Gutierrez-Cruz
Opinion
lead Opinion
MEMORANDUM **
Appellant Eduardo Gutierrez-Cruz (“Gutierrez-Cruz”) was arrested at the border between the United States and Mexico on July 10, 2004. He was subsequently indicted and pled guilty to a charge of illegally attempting to enter the United States after having previously been deported, in violation of 8 U.S.C. § 1326 . Gutierrez-Cruz was sentenced to a 60-month term of imprisonment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.
The district court did not err in failing to dismiss the indictment for failure to state a specific overt act that is a substantial step towards the completion of the crime charged. United States v. Resendiz-Ponce, 549 U.S. 102 , 127 S.Ct. 782, 787-88 , 166 L.Ed.2d 591 (2007).
The district court also did not err in imposing a 16-level sentence enhancement, pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(i), based on its finding that Gutierrez-Cruz’s *562 prior conviction under California Health and Safety Code § 11351 categorically qualified as a drug trafficking offense. See United States v. Morales-Perez, 467 F.3d 1219, 1222-23 (9th Cir.2006) (holding that a conviction under California Health & Safety Code § 11351.5 categorically…