Opinion
No. 14-50267
04-27-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RUBEN RUIZ-ROSALES, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 3:13-cr-01621-JM MEMORANDUM Appeal from the United States District Court for the Southern District of California
Jeffrey T. Miller, District Judge, Presiding
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Ruben Ruiz-Rosales appeals from the district court's judgment and challenges the 30-month sentence following his guilty plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
In imposing the 30-month sentence, the district court correctly determined that California Health & Safety Code § 11351 is divisible within the meaning of Descamps v. United States, 133 S. Ct. 2276 (2013), and therefore subject to the modified categorical approach. See United States v. Torre-Jimenez, 771 F.3d 1163, 1167 (9th Cir. 2014) (holding section 11351 is divisible).
AFFIRMED.