U.S. Court of Appeals for the Ninth Circuit, 2007

United States v. Carranza-Moreno

United States v. Carranza-Moreno
U.S. Court of Appeals for the Ninth Circuit · Decided July 19, 2007 · Berzon, Leavy, Thomas
235 F. App'x 441

United States v. Carranza-Moreno

Opinion of the Court

MEMORANDUM **

Baltazar Carranza-Moreno appeals from his sentence imposed following his conviction for unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1826. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Carranza-Moreno contends that the district court erred by applying a 16-level sentencing enhancement under United States Sentencing Guidelines § 2L1.2(b)(l) for a prior drug trafficking conviction under California Health & Safety Code, § 11351.5. As Carranza-Moreno acknowledges in his reply brief, this contention is foreclosed. See United States v. Morales-Perez, 467 F.3d 1219, 1223 (9th Cir. 2006) (holding that a conviction under California Health & Safety Code § 11351.5 categorically qualifies as a drug trafficking offense under the Guidelines).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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