United States v. Ocampo-Estrada, No. 15-50471 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit affirmed defendant's conviction of conspiracy to distribute methamphetamine, holding that the district court did not abuse its discretion in denying defendant's requested jury instruction. The panel reversed the sentence, however, holding that California Health & Safety Code section 11378 is a divisible statute that was susceptible to the modified categorical approach. Using the modified categorical approach, the government failed to prove that defendant had pleaded guilty to violating a controlled-substance element under section 11378 that was encompassed by the federal definition for "felony drug offense," 21 U.S.C. 802(44). The panel remanded for resentencing.
Court Description: Criminal Law. The panel affirmed a conviction for conspiracy to distribute methamphetamine, vacated the sentence, and remanded for resentencing. The panel held that the district court did not abuse its discretion in denying the defendant’s requested theory-of- defense jury instruction on the buyer-seller exception to conspiracy liability. The panel held that California Health & Safety Code § 11378 is a divisible statute that is susceptible to the modified categorical approach. The panel held that using the modified categorical approach, the government failed to demonstrate that the defendant’s § 11378 conviction was based on a guilty plea to a controlled-substance element that is included within the “felony drug offense” definition set forth in 21 U.S.C. § 802(44). The panel therefore concluded that the defendant’s prior conviction does not qualify as a felony drug offense that would enhance his statutory mandatory minimum sentence under 21 U.S.C. § 841(b)(1)(A).
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