Catherine Prouse v. Eric H. Holder, Jr.

FILED
NOT FOR PUBLICATION MAR 01 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CATHERINE ANNE PROUSE, No. 09-72118
Petitioner, Agency No. A092-827-054
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted February 17, 2012
San Francisco, California
Before: HUG, B. FLETCHER, and PAEZ, Circuit Judges.
Catherine Anne Prouse, a native and citizen of Canada and a legal
permanent resident of the United States, petitions for review of the decision of the
Board of Immigration Appeals (BIA) that Prouse’s conviction under Nev. Rev.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Stat. § 453.321 for supplying methamphetamine to minors qualifies as an
“aggravated felony” under the Immigration and Nationality Act.
Applying the modified categorical approach, we agree with the BIA that
Prouse’s Nevada conviction constitutes an “aggravated felony.” See United States
v. Aguila-Montes de Oca, 655 F.3d 915, 940 (9th Cir. 2011) (en banc).
Aggravated felonies include drug trafficking crimes. 8 U.S.C. § 1101(a)(43)(B).
A drug trafficking crime is any felony punishable under the Controlled Substances
Act (CSA). 18 U.S.C. § 924(c)(2).
The CSA makes it a crime to “distribute” a controlled substance. 21 U.S.C.
§ 841(a)(1). Prouse’s Nevada conviction for supplying methamphetamine is the
equivalent of this federal crime. First, methamphetamine is a controlled substance.
21 U.S.C. § 812(c). The distribution of any quantity of methamphetamine is
punishable under the CSA. 21 U.S.C. §§ 841(b)(1)(A)(viii), (B)(viii), (C).
Second, “supplying” methamphetamine is the equivalent of “distributing” the drug.
See 21 U.S.C. §§ 802(8), (11). No commercial scheme or exchange of money is
required. United States v. Ramirez, 608 F.2d 1261, 1264 (9th Cir. 1979).
Prouse’s conviction under Nev. Rev. Stat. § 453.321 is also a felony because
its equivalent under the CSA has a maximum term of imprisonment of
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more than one year. Carachuri-Rosendo v. Holder, — U.S. —, 130 S. Ct. 2577,
2581 (2010); Rendon v. Mukasey, 520 F.3d 967, 974 (9th Cir. 2008); 21 U.S.C. §§
841(b)(1)(A)(viii), (B)(viii), (C).
DENIED.
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