Lopez-Vasquez v. Holder, 706 F.3d 1072 (9th Cir. Feb. 1, 2013) (petitioner failed to carry his burden to prove that he was entitled to relief under the Federal First Offender Act, as California law does not allow a non-alternative felony to be reduced to a misdemeanor under Penal Code 17, and the courts reduction of a non-alternative felony conviction under Health & Safety Code 11359 did not change the conviction to one under Health & Safety Code 11357).

 

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