United States v. Martinez-Lopez
9th Cir.; 14-50014 The court of appeals affirmed a district court judgment. The court held that both the controlled substance and actus reus elements…
July 31, 2017 at 05:21 PM
6 minute read
9th Cir.;
14-50014
The court of appeals affirmed a district court judgment. The court held that both the controlled substance and actus reus elements of California Health & Saf. Code §11352 are divisible.
Melvin Martinez-Lopez was convicted of illegal reentry following deportation in violation of 8 U.S.C. §1326. Martinez-Lopez had a prior conviction under California Health & Saf. Code §11352. Finding §11352 to be divisible, the district court concluded that Martinez-Lopez's prior conviction qualified as a federal drug trafficking offense under the modified categorical approach. It accordingly imposed a 16-level enhancement to his base offense level and sentenced him to 77 months in prison.
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