Opinion
No. 09-10422.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 28, 2010.
Robert Lally Miskell, Assistant U.S., USTU — Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.
Ramiro Flores, Jr., Flores Haywood, PLLC, Tucson, AZ, for Defendant-Appellant.
Appeal from the United States District Court for the District of Arizona, David C. Bury, District Judge, Presiding. D.C. No. 4:08-cr-00888-DCB.
Before: O'SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R.36-3.
Jose Luis Lopez-Perez appeals from the 46-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Lopez-Perez contends that the district court erred by determining that his prior conviction qualifies as a drug trafficking offense under the Sentencing Guidelines. The district court did not err by concluding that Lopez-Perez's conviction under Arizona Revised Statute § 13-3405 for transportation of marijuana for sale is a drug trafficking offense. See U.S.S.G. § 2L1.2 cmt. n. 1(B)(iv); United States v. Martinez-Rodriguez, 472 F.3d 1087, 1095 (9th Cir. 2007) (possession of marijuana for sale is a drug trafficking offense under the Sentencing Guidelines); see also State v. Chabolla-Hinojosa, 192 Ariz. 360, 965 P.2d 94, 97 (Ariz.Ct.App. 1998) ("transportation" of marijuana necessarily involves the possession of marijuana).