U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Jose Lopez-Perez

United States v. Jose Lopez-Perez
U.S. Court of Appeals for the Ninth Circuit · Decided October 28, 2010 · O'Scannlain, Tallman, Bea
402 F. App'x 183

United States v. Jose Lopez-Perez

Opinion

*184 MEMORANDUM **

Jose Luis Lopez-Perez appeals from the 46-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Lopez-Perez contends that the district court erred by determining that his prior conviction qualifies as a drug trafficking offense under the Sentencing Guidelines. The district court did not err by concluding that Lopez-Perez’s conviction under Arizona Revised Statute § 13-3405 for transportation of marijuana for sale is a drug trafficking offense. See U.S.S.G. § 2L1.2 cmt. n. l(B)(iv); United States v. Martinez-Rodriguez, 472 F.3d 1087, 1095 (9th Cir. 2007) (possession of marijuana for sale is a drug trafficking offense under the Sentencing Guidelines); see also State v. Chabolla-Hinojosa, 192 Ariz. 360, 965 P.2d 94, 97 (Ariz.Ct.App. 1998) (“transportation” of marijuana necessarily involves the possession of marijuana).

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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