Legal Opinion
United States v. Estrada-Soto
Court of Appeals for the Ninth Circuit
Decided October 27, 2004No. 03-10643; D.C. No. CR-03-00168-RLHPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM *
Nicanor Estrada-Soto appeals his sentence following a guilty plea to unlawful reentry into the United States after prior deportation. We affirm.
Our review is for plain error as Estrada-Soto did not object to an increase in offense level pursuant to USSG § 2L1.2, and we see none. The statute under which Estrada-Soto was previously convicted criminalizes constructive as well as actual possession of cocaine for the purpose of *224sale. In California, constructive possession includes maintaining control over, or the right to control, controlled substances. People v. Showers, 68 Cal.2d…
2Cases cited6 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. Pacheco-ZepedaCourt of Appeals for the Ninth Circuit · 2000
- United States v. Javier Rivera-Sanchez, A/K/A Jose SanchezCourt of Appeals for the Ninth Circuit · 2001
- People v. ShowersCalifornia Supreme Court · 1968
- Armstrong v. Superior CourtCalifornia Court of Appeal · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- United States v. Palacios-QuinonezCourt of Appeals for the Fifth Circuit · 2005
- Estrada-Soto v. United StatesSupreme Court of the United States · 2005