United States v. Morales-Perez, ___ F.3d ___ (9th Cir. Nov. 13, 2006) (California conviction of purchasing cocaine base with intent to sell, in violation of Health & Safety Code 11351.5(a), categorically constituted a drug trafficking offense under U.S.S.G. 2L1.2(b)(1)(A) for illegal re-entry sentencing purposes, since the full range of conduct proscribed by the California statute fell within the definition of the federal offense of attempted possession with intent to distribute under 21 U.S.C. 841(a)(1) and 846, an offense explicitly included in the definition of "drug trafficking offense" contained under U.S.S.G. 2L1.2 cmt. n.5).
http://caselaw.lp.findlaw.com/data2/circs/9th/0510115p.pdf

jurisdiction: 
Ninth Circuit

 

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