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U.S. v. MARTINEZ-LOPEZ

No. 14-50014.

864 F.3d 1034 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Melvin MARTINEZ-LOPEZ, AKA Jorge Lopez, AKA Melvin Miscael Martinez, AKA Miguel Angel Rodriguez, AKA Manuel Rodriguez-Pena, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2017.

Attorney(s) appearing for the Case

David Menninger (argued) and Matthew B. Larsen , Deputy Federal Public Defenders; Hilary L. Potashner , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Defendant-Appellant.

L. Ashley Aull (argued), Assistant United States Attorney, Criminal Appeals Section; Robert E. Dugdale and Lawrence S. Middleton , Chiefs, Criminal Division; United States Attorney's Office, Los Angeles, California; for Plaintiff-Appellee.

Vincent J. Brunkow and Kara Hartzler , Federal Defenders of San Diego, Inc., San Diego, California, for Amici Curiae Ninth Circuit Federal Public and Community Defenders.

Albert Camacho, Jr. , Graciela Martinez , Albert J. Menaster , and Ronald L. Brown , Los Angeles, California, as and for Amicus Curiae Los Angeles County Office of the Public Defender.

Dissent by Judge Reinhardt

OPINION

OVERVIEW

We took this case en banc to revisit the divisibility of California drug statutes.1 This case involves California Health and Safety Code section 11352, which — like many California drug statutes — criminalizes a variety of activities related to...

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