Legal Opinion

United States v. Daladier Murillo-Alvarado

Court of Appeals for the Ninth Circuit

Decided December 4, 2017No. 14-50354PublishedCited by 6 opinions

1Opinion of the Court

OPINION

CLIFTON, Circuit Judge:

The primary question presented by this appeal is whether section 11351 of the California Health and Safety Code (“Possession or purchase for sale of designated controlled substances”) is a'divisible statute, as discussed in Mathis v. United States, — U.S. -, 136 S.Ct. 2243, 2249, 195 L.Ed.2d 604 (2016), such that a conviction under that statute may be held to be a drug trafficking offense under the United States Sentencing Guidelines (“USSG” or “Sentencing Guidelines”), applying the modified categorical approach. We previously held that section 11351 is divisible…

2Cases cited20 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Mathis v. United StatesSupreme Court of the United States · 2016
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. Johnson v. United StatesSupreme Court of the United States · 2010

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3Cited by6 opinions

  1. United States v. Allen TagatacCourt of Appeals for the Ninth Circuit · 2022
  2. Petrona Barrientos v. Jefferson SessionsCourt of Appeals for the Ninth Circuit · 2018
  3. United States v. Darrell HollidayCourt of Appeals for the Ninth Circuit · 2021
  4. United States v. Eliazar BarrazaCourt of Appeals for the Ninth Circuit · 2018
  5. United States v. Gibran Figueroa-BeltranCourt of Appeals for the Ninth Circuit · 2021

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