MEMORANDUM **

We use the modified categorical approach to determine the controlled substance that served as the basis for a defendant’s conviction under California Health & Safety Code § 11351. United States v. Torre-Jimenez, 771 F.3d 1163, 1167 (9th Cir. 2014). It is clear from the complaint and plea colloquy that Lopez-Gutierrez’s conviction was for possession for sale of heroin, a drug listed in the Controlled Substances Act. See 21 U.S.C. § 812(c), sched. I(b)(10). Therefore, Lopez-Gutierrez’s underlying deportation was valid and his conviction for illegal reentry must be upheld.

AFFIRMED.