United States of America v. Jose Luis Lopez-Perez

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE LUIS LOPEZ-PEREZ,
Defendant - Appellant.
No. 09-10422
D.C. No. 4:08-cr-00888-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Jose Luis Lopez-Perez appeals from the 46-month sentence imposed
following his guilty-plea conviction for illegal reentry after deportation, in
violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
FILED
OCT 28 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

09-10422 2
Lopez-Perez contends that the district court erred by determining that his
prior conviction qualifies as a drug trafficking offense under the Sentencing
Guidelines. The district court did not err by concluding that Lopez-Perez’s
conviction under Arizona Revised Statute § 13-3405 for transportation of
marijuana for sale is a drug trafficking offense. See U.S.S.G. § 2L1.2 cmt.
n.1(B)(iv); United States v. Martinez-Rodriguez, 472 F.3d 1087, 1095 (9th Cir.
2007) (possession of marijuana for sale is a drug trafficking offense under the
Sentencing Guidelines); see also State v. Chabolla-Hinojosa, 965 P.2d 94, 97
(Ariz. Ct. App. 1998) (“transportation” of marijuana necessarily involves the
possession of marijuana).
AFFIRMED.

-- 2 of 2 --