Defendant’s drug and firearm sentence is affirmed where the district court did not plainly err in determining that defendant qualified as a career offender based on his prior convictions under California Health and Safety Code section 11351.5, which constitutes a controlled substance offense.

Read US v. Charles, No. 08-50086

Appellate Information

Argued and Submitted August 3, 2009

Filed September 9, 2009

Judges

Opinion by Judge Callahan

Counsel

Benjamin Lee Coleman, Coleman & Balogh LLP, Los Angeles, CA

E. Martin Estrada, Assistant United States Attorney, Los Angeles, CA

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