No. 09-10429.

642 F.3d 833 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Baldemar LANDA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2011.

Attorney(s) appearing for the Case

Steve Emery Teich (argued), San Francisco, CA, for defendant-appellant Baldemar Landa.

Merry Jean Chan (argued), Assistant U.S. Attorney, San Francisco, CA; Grant P. Fondo , Assistant U.S. Attorney, San Jose, CA, for plaintiff-appellee United States of America.

Opinion by Judge TALLMAN; Dissent by Judge W. FLETCHER.


TALLMAN, Circuit Judge:

Defendant-Appellant Baldemar Landa pled guilty to violating the Controlled Substances Act and received the mandatory minimum sentence of five years. Landa argues that in computing his sentence, the district court improperly calculated his criminal history score by counting his prior conviction under California Vehicle Code section 23140(a), which makes it unlawful for a person younger than twenty-one years of age to drive...

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