Opinion
No. 13-50373
11-26-2014
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LORENA ORTEGA-MORA, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 3:13-cr-1430-JLS MEMORANDUM Appeal from the United States District Court for the Southern District of California
Janis Sammartino, District Judge, Presiding
Submitted November 20, 2014 Pasadena, California Before: SCHROEDER and NGUYEN, Circuit Judges, and ZOUHARY, District Judge.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
The Honorable Jack Zouhary, United States District Judge, Northern District of Ohio, sitting by designation.
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Defendant-Appellant Lorena Ortega-Mora appeals her 51-month sentence for illegal reentry in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and now affirm.
California Health & Safety Code § 11378 is divisible within the meaning of Descamps v. United States, 133 S. Ct. 2276 (2013), and therefore subject to the modified categorical approach. See Padilla-Martinez v. Holder, 770 F.3d 825, 831 n.3 (9th Cir. 2014) (concluding Cal. Health & Safety Code § 11378 is divisible); see also Coronado v. Holder, 759 F.3d 977 (9th Cir. 2014) (holding Cal. Health & Safety Code § 11377(a) is divisible). Accordingly, the district court did not err when it applied a 16-level enhancement under Guideline § 2L1.2(b) for Ortega-Mora's prior conviction for possession of methamphetamine for sale.
AFFIRMED.