United States v. Melvin Martinez-Lopez

BERZON, Circuit Judge,

with whom Chief Judge THOMAS and Circuit Judge REINHARDT join, except as to Part IV, concurring in part, and dissenting in part:

I respectfully dissent as to the majority’s decision on the actus reus component of California Health and Safety Code § 11352(a). I concur with Respect to the statute’s controlled substance component, with a caveat.

I

As the Supreme Court has underscored repeatedly, the elements of the statute of conviction must be the sole focus in every application of the categorical or modified *1045categorical approach. See Mathis v. United States, — U.S. —, 136…