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102266P.pdf   06/22/2011  United States  v.  Alberto Sanchez-Garcia
   U.S. Court of Appeals Case No:  10-2266
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Benton, Author, with Smith and Gruender, Circuit Judges]
Criminal case - Sentencing. Defendant conceded his prior drug felony conviction and it was not error to use the conviction for sentencing purposes under Guidelines Sec. 2K2.1(a)(4(A); the California conviction qualified as an offense involving a controlled substance because even though the California statute under which defendant was charged is overinclusive, the government's evidence was sufficient under the modified categorical approach to support the enhancement; sentence was not substantively unreasonable.