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

United States v. Roberto Lopez-Gutierrez

U.S. Court of Appeals for the Ninth Circuit · Decided June 9, 2015 · Kozinski, Wardlaw, Fletcher

607 F. App'x 719

Counsel

Brandon James Kimura, Esquire, Special Assistant U.S., Janet Cabral, Assistant U.S., Bruce R. Castetter, Assistant U.S., Office of the U.S. Attorney San Diego, CA, for Plaintiff-Appellee., James Fife, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Opinion

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.

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

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