FILED NOT FOR PUBLICATION NOV 09 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-50315 Plaintiff-Appellee, D.C. No. 3:13-cr-03254-BTM-1 v. DAVID ROSALES-AGUILAR, MEMORANDUM* Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Barry Ted Moskowitz, Chief Judge, Presiding Argued and Submitted September 1, 2015 Submission Withdrawn March 21, 2017 Resubmitted November 9, 2017 Pasadena, California Before: KOZINSKI, O’SCANNLAIN and BYBEE, Circuit Judges.

California Health and Safety Code section 11352(a) is divisible. United States v. Martinez-Lopez, 864 F.3d 1034, 1043 (9th Cir. 2017) (en banc). The

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. page 2 district court didn’t err by enhancing Rosales’s sentence. See United States v. Rosales-Aguilar, 818 F.3d 965, 973 (9th Cir. 2016).

AFFIRMED.