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U.S. v. ALMAZAN-BECERRA

No. 07-10420.

537 F.3d 1094 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Julio ALMAZAN-BECERRA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 12, 2008.

Attorney(s) appearing for the Case

Amitai Schwartz, Emeryville, CA, for defendant-appellant Julio Almazan-Becerra.

Barbara J. Valliere, Assistant United States Attorney, San Francisco, CA, for plaintiff-appellee United States of America.

Before: MARY M. SCHROEDER and N. RANDY SMITH, Circuit Judges, and VALERIE BAKER FAIRBANK, District Judge.

N. RANDY SMITH, Circuit Judge:

The district court properly applied the modified categorical approach set forth in Taylor v. United States, 495 U.S. 575, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990), when it concluded that Julio Almazan-Becerra's prior conviction under California Health and Safety Code § 11360(a) was a "drug trafficking offense." The district court properly relied on police reports (which Almazan-Becerra, during...

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