UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis LOPEZ-PEREZ, Defendant-Appellant, 402 F. App'x 183

MEMORANDUM 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. 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. l(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, 192 Ariz. 360, 965 P.2d 94, 97 (Ariz.Ct.App.1998) (“transportation” of marijuana necessarily involves the possession of marijuana). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.