UNITED STATES of America, Plaintiff-Appellee, v. Roberto LOPEZ-GUTIERREZ, Defendant-Appellant, 607 F. App'x 719

MEMORANDUM We use the modified categorical approach to determine the controlled substance that served as the basis for a defendant’s conviction under California Health & Safety Code § 11351. United States v. Torre-Jimenez, 771 F.3d 1163, 1167 (9th Cir.2014). It is clear from the complaint and plea colloquy that Lopez-Gutierrez’s conviction was for possession for sale of heroin, a drug listed in the Controlled Substances Act. See 21 U.S.C. § 812(c), sched. I(b)(10). Therefore, Lopez-Gutierrez’s underlying deportation was valid and his conviction for illegal reentry must be upheld. AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.