United States v. Adrian Toledo-Martinez

599 F. App'x 729

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 10, 2015
• Docket: 14-50230
• Status: Unpublished

Opinion

MEMORANDUM ***

Defendant Adrian Toledo-Martinez appeals his conviction and sentence for being found in the United States after removal in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 and affirm.

The defendant argues that his Washington Revised Code § 69.50.401 convictions for delivery of cocaine and heroin are not categorical drug trafficking offenses. However, we recently rejected the same argument advanced by the defendant, that § 69.50.401(a) is categorically overbroad because it fails to exempt acts of “administering” drugs. See United States v. Burgos-Ortega, 111 F.3d 1047, 1052-55 (9th Cir.2015). The district court did not err when it denied the motion to dismiss the indictment and applied a 12-level increase to the base offense level pursuant to United States Sentencing Guideline § 2L1.2(b)(l)(A). 1

AFFIRMED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1 . United States Sentencing Commission, Guidelines Manual, § 2L1.2(b)(1)(A) (Nov. 2013).