United States v. Almazan-Becerra, 456 F.3d 949 (9th Cir. Aug. 1, 2006) (California conviction of transportation of methamphetamines, in violation of 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 transportation can be committed for personal use only, and there is no commercial element to the conviction), following United States v. Navidad-Marcos, 367 F.3d 903, 908 (9th Cir. 2004), and United States v. Rivera-Sanchez, 247 F.3d 905, 908-909 (9th Cir. 2001).

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- new opinion otherwise the same as prior), prior opinion cited at 456 F.3d 949 (9th Cir. Aug. 1, 2006) is hereby withdrawn.

jurisdiction: 
Ninth Circuit

 

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