United States v. Ornelas-Quintero

180 F. App'x 743

Opinion

MEMORANDUM **

Lorenzo Ornelas-Quintero appeals from the 30-month sentence imposed following his guilty plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Ornelas-Quintero contends that the district court erred in imposing an enhancement for a prior aggravated felony pursuant to U.S.S.G. § 2L1.2. Specifically, Ornelas-Quintero contends that his 1994 conviction under Cal. Health & Safety Code § 11350(a) was not an aggravated felony. Because a violation of Cal. Health & Safety Code § 11350(a) is punishable by more than one year imprisonment, we conclude that the district court properly determined that Ornelas-Quintero’s prior conviction was an aggravated felony. See CaLPenal Code § 18; United States v. Rios-Beltran, 361 F.3d 1204, 1209-10 (9th Cir.2004).

AFFIRMED.

Footnotes

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This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.