United States v. Leal-Vega, No. 11-50065 (9th Cir. 2012)
Annotate this CaseThe Government appealed the sentence imposed on defendant for illegal reentry following deportation. The district court declined to apply a 16-level enhancement pursuant to U.S.S.G. 2L1.2, for defendant's prior conviction under California Health & Safety Code 11351. The court held that a conviction under Section 11351 did not qualify categorically as a "drug trafficking offense" for the purposes of U.S.S.G. 2L1.2. However, the court held that defendant's prior Section 11351 conviction qualified as a "drug trafficking offense" using the modified categorical approach. Accordingly, the court reversed and remanded for resentencing.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.