Defendant's drug importation sentence is affirmed where defendant's prior California convictions were not expunged for purposes of the Sentencing Guidelines, because under California law the convictions in question could still be used at a later time in a variety of circumstances.
Argued and Submitted July 7, 2009
Filed August 18, 2009
Opinion by Judge Fernandez
Dissent by Judge Kozinski
Joseph J.M. Orabona, U.S. Attorney's Office, San Diego, CA