USA v. Jose Lopez-Perez, No. 09-10422 (9th Cir. 2010)

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FILED OCT 28 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-10422 D.C. No. 4:08-cr-00888-DCB v. MEMORANDUM * JOSE LUIS LOPEZ-PEREZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted October 19, 2010 ** Before: O SCANNLAIN, TALLMAN, and BEA, Circuit Judges. Jose Luis Lopez-Perez appeals from the 46-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * 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). Lopez-Perez contends that the district court erred by determining that his prior conviction qualifies as a drug trafficking offense under the Sentencing Guidelines. The district court did not err by concluding that Lopez-Perez s conviction under Arizona Revised Statute § 13-3405 for transportation of marijuana for sale is a drug trafficking offense. See U.S.S.G. § 2L1.2 cmt. n.1(B)(iv); United States v. Martinez-Rodriguez, 472 F.3d 1087, 1095 (9th Cir. 2007) (possession of marijuana for sale is a drug trafficking offense under the Sentencing Guidelines); see also State v. Chabolla-Hinojosa, 965 P.2d 94, 97 (Ariz. Ct. App. 1998) ( transportation of marijuana necessarily involves the possession of marijuana). AFFIRMED. 2 09-10422

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