United States v. Roberto Lopez-Gutierrez
UNITED STATES of America, Plaintiff-Appellee, v. Roberto LOPEZ-GUTIERREZ, Defendant-Appellant
- Area
- other
- Panel
- Alex Kozinski (author), Fletcher, Kim M. Wardlaw
Analysis
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Opinion
FILED NOT FOR PUBLICATION JUN 09 2015
MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50512 Plaintiff - Appellee, D.C. No. 3:13-cr-01573-LAB-1 v. MEMORANDUM* ROBERTO LOPEZ-GUTIERREZ, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted January 6, 2015** Pasadena, California Before: KOZINSKI, WARDLAW and W. FLETCHER, Circuit Judges.
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, * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). page 2 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.