USA V. RUBEN RUIZ-ROSALES, No. 14-50267 (9th Cir. 2015)

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FILED APR 27 2015 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-50267 D.C. No. 3:13-cr-01621-JM v. MEMORANDUM* RUBEN RUIZ-ROSALES, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, District Judge, Presiding Submitted April 22, 2015** Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges. Ruben Ruiz-Rosales appeals from the district court’s judgment and challenges the 30-month sentence following his guilty plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. 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). In imposing the 30-month sentence, the district court correctly determined that California Health & Safety Code § 11351 is divisible within the meaning of Descamps v. United States, 133 S. Ct. 2276 (2013), and therefore subject to the modified categorical approach. See United States v. Torre-Jimenez, 771 F.3d 1163, 1167 (9th Cir. 2014) (holding section 11351 is divisible). AFFIRMED. 2 14-50267

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