FILED
NOT FOR PUBLICATION APR 11 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50230
Plaintiff - Appellee, D.C. No. 2:08-cr-00490-DSF
v.
MEMORANDUM *
THOMAS GRAHAM,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Thomas Graham appeals from the 100-month sentence imposed following
his conviction for possession with intent to distribute heroin, in violation of
21 U.S.C. §§ 851(a)(1) and 841(b)(1)(B)(i). We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Graham contends that the district court procedurally erred by applying the
career offender enhancement under U.S.S.G. § 4B1.1(a)(3) based on previous
convictions resulting from nolo contendere pleas in the California state court.
California courts treat a plea of nolo contendere as the equivalent of a guilty plea
conviction. See United States v. Anderson, 625 F.3d 1219, 1220 (9th Cir. 2010)
(per curiam). Because Graham was convicted of qualifying previous felonies, the
district court’s application of the career offender enhancement was not clearly
erroneous. See, e.g., United States v. Williams, 47 F.3d 993, 995 (9th Cir. 1995).
AFFIRMED.
2 10-50230