U.S. Court of Appeals for the Ninth Circuit, 2015

United States v. Ruben Ruiz-Rosales

United States v. Ruben Ruiz-Rosales
U.S. Court of Appeals for the Ninth Circuit · Decided April 27, 2015 · Bybee, Christen, Goodwin
600 F. App'x 585

United States v. Ruben Ruiz-Rosales

Opinion

MEMORANDUM **

Ruben Ruiz-Rosales appeals from the district court’s judgment and challenges the 30-month sentence following his guilty plea conviction for being a removed alien *586 found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

In imposing the 30-month sentence, the district court correctly determined that California Health & Safety Code § 11351 is divisible within the meaning of Descamps v. United States, — U.S. -, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013), and therefore subject to the modified categorical approach. See United States v. Torre-Jimenez, 771 F.3d 1163, 1167 (9th Cir. 2014) (holding section 11351 is divisible).

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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