United States of America v. Ruben Ruiz-Rosales

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RUBEN RUIZ-ROSALES,
Defendant - Appellant.
No. 14-50267
D.C. No. 3:13-cr-01621-JM
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Jeffrey T. Miller, District Judge, Presiding
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
Ruben Ruiz-Rosales appeals from the district court’s judgment and
challenges the 30-month sentence following his guilty plea conviction for being a
removed alien found in the United States, in violation of 8 U.S.C. § 1326. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
APR 27 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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In imposing the 30-month sentence, the district court correctly determined
that California Health & Safety Code § 11351 is divisible within the meaning of
Descamps v. United States, 133 S. Ct. 2276 (2013), and therefore subject to the
modified categorical approach. See United States v. Torre-Jimenez, 771 F.3d
1163, 1167 (9th Cir. 2014) (holding section 11351 is divisible).
AFFIRMED.
14-50267 2

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