United States v. Almazan-Becerra
Court of Appeals for the Ninth Circuit
1Opinion of the Court
N. RANDY SMITH, Circuit Judge:
The district court properly applied the modified categorical approach set forth in Taylor v. United States, 495 U.S. 575, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990), when it concluded that Julio Almazan-Becerra’s prior conviction under California Health and Safety Code § 11360(a) was a “drug trafficking offense.” The district court properly relied on police reports (which Almazan-Becerra, during the plea colloquy of the prior conviction, had stipulated contained a factual basis for his plea) in concluding that Almazan-Becerra was previously convicted of selling…
2Cases cited12 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
- UNITED STATES of America, Plaintiff-Appellee, v. Leaburn ALEXANDER, Jr., Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
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