United States v. Almazan-Becerra, 456 F.3d 949 (9th Cir. August 1, 2006)(California conviction of violating Health & Safety Code 11379(a), did not constitute a drug trafficking conviction for purposes of triggering a 12-level enhancement of illegal reentry sentence under USSG 2L1.2(b)(1)(B), because the charge inconsistently alleged sale or transportation or offer to sell methamphetamines in the disjunctive, and also alleged those offenses in the conjunctive, and therefore was not "unequivocally clear" that the defendant was convicted of the single drug trafficking charge among the three alternative possible sets of elements of the statute and disjunctive allegations of the charge).
http://caselaw.lp.findlaw.com/data2/circs/9th/0510056p.pdf
Note: United States v. Almazan-Becerra, ___ F.3d ___, 2007 WL 926486 (9th Cir. March 29, 2007) (making minor changes to prior opinion regarding Booker issues - new opinion otherwise the same as prior), prior opinion cited at 456 F.3d 949 (9th Cir. Aug. 1, 2006) is hereby withdrawn.