United States v. Verduzco-Rangel, No. 15-50559 (9th Cir. 2018)Annotate this Case
The Ninth Circuit affirmed defendant's conviction for attempting to reenter the United States after a prior removal. Defendant was previously removed for committing an aggravated felony under 8 U.S.C. 1101(a)(43)(B) because he was convicted of felony possession of methamphetamine in violation of California Health & Safety Code section 11378. The panel held that because section 11378 had a trafficking element and required a sufficiently culpable state of mind, section 11378 was a drug trafficking aggravated felony under section 1101(a)(43)(B) where the record of conviction established that the substance involved was federally controlled. Therefore, removal under 8 U.S.C. 1227(a)(2)(A)(iii) based on such a conviction under section 11378 was not fundamentally unfair.