Opinion
No. 13-50512
06-09-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROBERTO LOPEZ-GUTIERREZ, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 3:13-cr-01573-LAB-1 MEMORANDUM 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.
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).
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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.