United States v. Lorena Ortega-Mora

Court of Appeals for the Ninth Circuit · 13-50373 · 2014-11-26 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Lorena ORTEGA-MORA, Defendant-Appellant

Area: other
Panel: Mary M. Schroeder (author), Zouhary, Jacqueline H. Nguyen

Analysis

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Opinion

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT NOV 26 2014

MOLLY C. DWYER, CLERK UNITED STATES OF AMERICA, No. 13-50373 U.S. COURT OF APPEALS Plaintiff - Appellee, D.C. No. 3:13-cr-1430-JLS v. MEMORANDUM*

LORENA ORTEGA-MORA,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Janis Sammartino, District Judge, Presiding Submitted November 20, 2014** Pasadena, California Before: SCHROEDER and NGUYEN, Circuit Judges, and ZOUHARY,*** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Jack Zouhary, United States District Judge, Northern District of Ohio, sitting by designation. Defendant-Appellant Lorena Ortega-Mora appeals her 51-month sentence for illegal reentry in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.

§ 1291 and 18 U.S.C. § 3742, and now affirm.

California Health & Safety Code § 11378 is divisible within the meaning of Descamps v. United States, 133 S. Ct. 2276 (2013), and therefore subject to the modified categorical approach. See Padilla-Martinez v. Holder, 770 F.3d 825, 831 n.3 (9th Cir. 2014) (concluding Cal. Health & Safety Code § 11378 is divisible); see also Coronado v. Holder, 759 F.3d 977 (9th Cir. 2014) (holding Cal. Health & Safety Code § 11377(a) is divisible). Accordingly, the district court did not err when it applied a 16- level enhancement under Guideline § 2L1.2(b) for Ortega-Mora’s prior conviction for possession of methamphetamine for sale.

AFFIRMED.