FILED
NOT FOR PUBLICATION
NOV 09 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50315
Plaintiff-Appellee, D.C. No.
3:13-cr-03254-BTM-1
v.
DAVID ROSALES-AGUILAR, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Barry Ted Moskowitz, Chief Judge, Presiding
Argued and Submitted September 1, 2015
Submission Withdrawn March 21, 2017
Resubmitted November 9, 2017
Pasadena, California
Before: KOZINSKI, O’SCANNLAIN and BYBEE, Circuit Judges.
California Health and Safety Code section 11352(a) is divisible. United
States v. Martinez-Lopez, 864 F.3d 1034, 1043 (9th Cir. 2017) (en banc). The
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
page 2
district court didn’t err by enhancing Rosales’s sentence. See United States v.
Rosales-Aguilar, 818 F.3d 965, 973 (9th Cir. 2016).
AFFIRMED.