United States v. Roberto Lopez-Gutierrez ( 2015 )

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NOT FOR PUBLICATION JUN 09 2015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.