United States v. Abel Casarez-Bravo, D.C. No, 181 F.3d 1074 (9th Cir. 1999). · Go Syfert
United States v. Abel Casarez-Bravo, D.C. No, 181 F.3d 1074 (9th Cir. 1999). Cases Citing This Book View Copy Cite
89 citation events (84 in the last 25 years) across 4 distinct courts.
Strongest positive: United States v. Oscar Gallegos-Galindo (ca9, 2013-01-17)
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Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (rule) United States v. Oscar Gallegos-Galindo
9th Cir. · 2013 · confidence medium
Under the modified categorical approach, we may appropriately consider certain kinds of documentation and judicially noticeable facts when determining whether a conviction is a predicate conviction for enhancement purposes, including “the indictment, the judgment of conviction, jury instructions, a signed guilty plea, or the transcript from the plea proceedings.” United States v. Rivera-Sanchez, 247 F.3d 905, 908 (9th Cir.2001) (en banc) (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999)).
discussed Cited as authority (rule) Reina-Rodriguez v. United States
9th Cir. · 2011 · confidence medium
Under that familiar examination, if the statute criminalizes conduct that would not constitute an aggravated felony under federal sentencing law, as is the case here, then the conviction may not be used for sentence enhancement unless the record includes "`documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.'" United States v. Rivera-Sanchez, 247 F.3d 905, 908 (9th Cir.2001) (en banc) (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir. 1999)), superseded on other grounds by U.S.S.G. § 2L1…
discussed Cited as authority (rule) Reina-Rodriguez v. United States
9th Cir. · 2011 · confidence medium
Under that familiar examination, if the statute criminalizes conduct that would not constitute an aggravated felony under federal sentencing law, as is the case here, then the conviction may not be used for sentence enhancement unless the record includes “ ‘documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.’ ” United States v. Rivera-Sanchez, 247 F.3d 905, 908 (9th Cir.2001) (en banc) (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir. 1999)), superseded on other grounds by U.S.S…
cited Cited as authority (rule) United States v. Lee
9th Cir. · 2009 · confidence medium
“A sentencing error affects substantial rights when it subjects an individual to an increased sentence.” United States v. Casa-rez-Bravo, 181 F.3d 1074, 1078 (9th Cir. 1999).
cited Cited as authority (rule) United States v. Lee
9th Cir. · 2009 · confidence medium
“A sentencing error affects substantial rights when it subjects an individual to an increased sentence.” United States v. Casa-rez-Bravo, 181 F.3d 1074, 1078 (9th Cir. 1999).
discussed Cited as authority (rule) Quintero-Salazar v. Keisler (2×)
9th Cir. · 2007 · confidence medium
Id. (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999)).
cited Cited as authority (rule) Quintero-Salazar v. Keisler
9th Cir. · 2007 · confidence medium
Id. (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir. 1999)).
cited Cited as authority (rule) United States v. Newsome
9th Cir. · 2007 · confidence medium
R.Crim.P. 52(b); United States v. Casarez-Bravo, 181 F.3d 1074, 1076 (9th Cir.1999).
cited Cited as authority (rule) United States v. Valle-Montalbo
9th Cir. · 2007 · confidence medium
United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir. 1999).
cited Cited as authority (rule) United States v. Manuel Jesus Valle-Montalbo
9th Cir. · 2007 · confidence medium
United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999). 3 .
discussed Cited as authority (rule) United States v. Montanez
6th Cir. · 2006 · confidence medium
See United States v. Hernandez, 218 F.3d 272, 278 (3d Cir. 2000); United States v. O’Neal, 27 F.3d 90, 92 (4th Cir. 1994); United States v. Casarez-Bravo, 181 F.3d 1074, 1077-78 (9th Cir. 1999); United States v. Kissick, 69 F.3d 1048, 1053-54 (10th Cir. 1995) (collecting cases); United States v. Gaitan, 954 F.2d 1005, 1011 (5th Cir. 1992).
discussed Cited as authority (rule) United States v. Luis A. Montanez
6th Cir. · 2006 · confidence medium
See United States v. Hernandez, 218 F.3d 272, 278 (3d Cir.2000); United States v. Neal, 27 F.3d 90, 92 (4th Cir.1994); United States v. Casarez-Bravo, 181 F.3d 1074, 1077-78 (9th Cir.1999); United States v. Kissick, 69 F.3d 1048, 1053-54 (10th Cir.1995) (collecting cases); United States v. Gaitan, 954 F.2d 1005, 1011 (5th Cir.1992).
discussed Cited as authority (rule) United States v. Hernandez-Hernandez (2×)
9th Cir. · 2005 · confidence medium
The California false imprisonment statute reaches both conduct that constitutes a crime of violence and conduct that does not; therefore, we use the modified categorical approach to examine “documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes[,] such as the indictment, the judgment of conviction, jury instructions, a signed guilty plea, or the transcript from the plea proceedings.” Rivera-Sanchez, 247 F.3d at 908 (alteration in original) (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th C…
discussed Cited as authority (rule) United States v. Kelly
9th Cir. · 2005 · confidence medium
The sentencing court determines whether the government has fulfilled its burden by looking to “documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for UNITED STATES v. KELLY 12129 enhancement purposes.” Sandoval-Venegas, 292 F.3d at 1106 (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir. 1999)). [8] We have specified the documents a sentencing court can rely on when a defendant has pled guilty.
discussed Cited as authority (rule) United States v. Nobel J. Kelly
9th Cir. · 2005 · confidence medium
The sentencing court determines whether the government has fulfilled its burden by looking to “documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.” Sandoval-Venegas, 292 F.3d at 1106 (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999)).
discussed Cited as authority (rule) United States v. David Lopez-Montanez
9th Cir. · 2005 · confidence medium
We may appropriately consider certain kinds of documentation and judicially noticeable facts when determining whether a conviction is a predicate conviction for enhancement purposes, “such as the indictment, the judgment of conviction, jury instructions, a signed guilty plea, or the transcript from the plea proceedings.” United States v. Rivera-Sanchez, 247 F.3d 905, 908 (9th Cir.2001) (en banc) (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999)).
discussed Cited as authority (rule) United States v. Lopez-Montanez
9th Cir. · 2005 · confidence medium
We may appropriately consider certain kinds of documen- tation and judicially noticeable facts when determining whether a conviction is a predicate conviction for enhance- ment purposes, “such as the indictment, the judgment of con- viction, jury instructions, a signed guilty plea, or the transcript from the plea proceedings.” United States v. Rivera-Sanchez, 247 F.3d 905, 908 (9th Cir. 2001) (en banc) (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir. 1999)). [7] The government contends that the judicially noticeable documents before the district court demonstrate that…
cited Cited as authority (rule) United States v. Muirs
9th Cir. · 2005 · confidence medium
United States v. Casarez-Bravo, 181 F.3d 1074, 1076 (9th Cir.1999).
discussed Cited as authority (rule) United States v. Smith
9th Cir. · 2005 · confidence medium
Although the court may not inquire into the underlying facts of the conviction, Bonat, 106 F.3d at 1475 , it may exam- ine “documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.” United States v. Rivera-Sanchez, 247 F.3d 905, 908 (9th Cir. 2001) (en banc) (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir. 1999)).
discussed Cited as authority (rule) United States v. Timothy Dean Smith
9th Cir. · 2004 · confidence medium
Although the court may not inquire into the underlying facts of the conviction, Bonat, 106 F.3d at 1475 , it may examine “documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.” United States v. Rivera-Sanchez, 247 F.3d 905, 908 (9th Cir.2001) (en banc) (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999)).
discussed Cited as authority (rule) United States v. Maria Contreras-Salas, AKA Maria Brooks
9th Cir. · 2004 · confidence medium
We have identified a number of different kinds of documentation and judicially noticeable facts that courts may consider under the modified categorical approach when they determine whether a conviction is a predicate conviction for enhancement purposes, “such as the indict *1098 ment, the judgment of conviction, jury instructions, a signed guilty plea, or the transcript from the plea proceedings.” United States v. Rivera-Sanchez, 247 F.3d 905, 908 (9th Cir.2001) (en banc) (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999)). “[I]n the ease of a jury trial, the cha…
discussed Cited as authority (rule) United States v. Rodriguez-Samano
9th Cir. · 2004 · confidence medium
In limited circumstances, we may apply a modified categorical approach to go beyond the statutory elements, but the record in this case does not include “ ‘documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.’ ” Corona-Sanchez, 291 F.3d at 1203 (quoting Rivera-Sanchez, 247 F.3d at 908 (en banc) (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999))).
discussed Cited as authority (rule) United States v. David Benitez-Perez
9th Cir. · 2004 · confidence medium
Id. (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999)). *1204 Applying the Taylor analytical model to our case demonstrates unequivocally that the 1992 conviction qualifies as a drug trafficking offense that justifies the 16 level enhancement.
cited Cited as authority (rule) United States v. Jose Luis Navidad-Marcos
9th Cir. · 2004 · confidence medium
Corona-Sanchez, 291 F.3d at 1203 -04 (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999)).
cited Cited as authority (rule) United States v. Escarcega-Duran
9th Cir. · 2004 · confidence medium
United States v. Casarez-Bravo, 181 F.3d 1074, 1076 (9th Cir. 1999).
cited Cited as authority (rule) United States v. Lopez-Zamora
9th Cir. · 2003 · confidence medium
See Sandoval-Venegas, 292 F.3d at 1109 ; United States v. Portillo-Mendoza, 273 F.3d 1224, 1228 (9th Cir.2001); United States v. Casarez-Bravo, 181 F.3d 1074, 1078 (9th Cir.1999).
cited Cited as authority (rule) United States v. Lopez
9th Cir. · 2002 · confidence medium
United States v. Casarez-Bravo, 181 F.3d 1074, 1078 (9th Cir. 1999). .
discussed Cited as authority (rule) United States v. Rodriguez-Lopez
9th Cir. · 2002 · confidence medium
When a statute “reaches both conduct that would constitute a crime of violence and conduct that would not,” Ye v. INS, 214 F.3d 1128, 1133 (9th Cir.2000), we have interpreted Taylor's edict to include examination of "documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes!,] such as the indictment, the judgment of conviction, jury instructions, a signed guilty plea, or the transcript from the plea proceedings,” [Un ited States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999)].
discussed Cited as authority (rule) United States v. Pedro Velasco-Medina
9th Cir. · 2002 · confidence medium
United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999) (internal quotations omitted); see also Taylor, 495 U.S. at 602 , 110 S.Ct. 2143 (permitting a court to consider whether “the charging paper or jury instructions actually required the jury to find all the elements of generic burglary in order to convict the defendant”); Ye, 214 F.3d at 1132 (same). “[I]f the statute and the judicially noticeable facts would allow the defendant to be convicted of an offense other than that defined as a qualifying offense by the guidelines, then the conviction does not qualify as a predicat…
discussed Cited as authority (rule) United States v. Wright
6th Cir. · 2002 · confidence medium
See United States v. Neal, 27 F.3d 90, 92 (4th Cir.1994); United States v. Casarez-Bravo, 181 F.3d 1074, 1077-78 (9th Cir.1999); United States v. Kissick, 69 F.3d 1048, 1053-54 (10th Cir.1995) (collecting cases).
discussed Cited as authority (rule) United States Court of Appeals v. Jose Antonio Yanez-Saucedo
9th Cir. · 2002 · confidence medium
Such documentation includes “ ‘the indictment, the judgment of conviction, jury instructions, a signed guilty plea, or the transcript from the plea proceedings.’ ” Id. (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999)).
discussed Cited as authority (rule) United States v. Martin Perez-Corona, AKA Martin Perez
9th Cir. · 2002 · confidence medium
See Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990); United Slates v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999); United Stales v. Bonat, 106 F.3d 1472, 1476 (9th Cir.1997).
discussed Cited as authority (rule) United States v. Heriberto Sandoval-Venegas
9th Cir. · 2002 · confidence medium
If the statute fails to qualify, we move to the second step in which we may also “examine documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.” 181 F.3d at 1077 (internal citation and quotation marks omitted).
discussed Cited as authority (rule) United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-Corona (2×)
9th Cir. · 2002 · confidence medium
If the statute criminalizes conduct that would not constitute an aggravated felony under federal sentencing law, then the conviction may not be used for sentence enhancement unless the record includes "`documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.'" United States v. Rivera-Sanchez, 247 F.3d 905, 908 (9th Cir.2001) (en banc) (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999)). "`[I]f the statute and the judicially noticeable facts would allow the defendant to be convicted of a…
discussed Cited as authority (rule) United States v. Manuel Hernandez-Castellanos, AKA Manuel Francisco Hernandez-Castellanos
9th Cir. · 2002 · confidence medium
If the statute criminalizes conduct that would not constitute an aggravated felony under federal sentencing law, then the conviction may not be used for sentence enhancement unless the record includes “ ‘documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.’ ” Rivera-Sanchez, 247 F.3d at 908 (quoting United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999)). “ ‘[I]f the statute and the judicially noticeable facts would allow the defendant to be convicted of an offense other than that def…
discussed Cited as authority (rule) Saleres v. Immigration & Naturalization Service
9th Cir. · 2001 · confidence medium
See Martinez, 232 F.3d at 734 (noting difference between “transportation” and “importation”); United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999) (transportation of marijuana for personal use not an aggravated felony).
discussed Cited as authority (rule) United States v. Salas-Rivera
9th Cir. · 2001 · confidence medium
When a statute “reaches both conduct that would constitute [an aggravated felony] and conduct that would not,” id. (citing Ye v. INS, 214 F.3d 1128, 1133 (9th Cir.2000), we have interpreted Taylor’s edict to include examination of “documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes[,] such as the indictment, the judgment of conviction, jury instructions, a signed guilty plea, or the tran script from the plea proceedings),” id. (citing United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.19…
discussed Cited as authority (rule) United States v. Zamora (2×) also: Cited "see"
9th Cir. · 2001 · confidence medium
We review de novo, United States v. Casarez-Bravo, 181 F.3d 1074, 1076 (9th Cir.1999), and we affirm.
discussed Cited as authority (rule) United States v. Avila (2×) also: Cited "see"
9th Cir. · 2001 · confidence medium
United States v. Casarez-Bravo, 181 F.3d 1074, 1078 (9th Cir.1999).
discussed Cited as authority (rule) United States v. Mattis
9th Cir. · 2001 · confidence medium
If the state statute encompasses conduct that would constitute a drug trafficking crime under federal law and conduct that would not, we may then examine “documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes!]] such as the indictment, the judgment of conviction, jury instructions, a signed guilty plea, or the transcript from the plea proceedings.” Id. (quoting United States v. Casarez-Bravo, 181 F.3d 1074,1077 (9th Cir.1999)).
discussed Cited as authority (rule) Antezana-Cota v. Ashcroft
9th Cir. · 2001 · confidence medium
Under Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), we look “to the fact of conviction and the statutory definition of the prior offense.” Under Taylor , “[i]f the statute and the judicially noticeable facts would allow the defendant to be convicted of an offense other than that defined as a qualifying offense by the guidelines, then the conviction does not qualify as a predicate offense.” United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999).
discussed Cited as authority (rule) United States v. Javier Rivera-Sanchez, A/K/A Jose Sanchez (2×)
9th Cir. · 2001 · confidence medium
See, e.g., United States v. Martinez, 232 F.3d 728, 732-33 (9th Cir.2000) (career offender status pursuant to U.S.S.G. § 4B1.1); United States v. Ceron-Sanchez, 222 F.3d 1169, 1172 (9th Cir.2000) (aggravated felony pursuant to U.S.S.G. § 2L1.2(b)(l)(A)); United States v. Sandoval-Barajas, 206 F.3d 853, 855-56 (9th Cir.2000) (same); United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999) (career offender status pursuant to U.S.S.G. § 4B1.1); United States v. Estrada-Torres, 179 F.3d 776, 781 (9th Cir.1999), cert. denied, — U.S. -, 121 S.Ct. 156 , 148 L.Ed.2d 104 (2000) (aggravat…
discussed Cited as authority (rule) United States v. David Martinez (2×)
9th Cir. · 2000 · confidence medium
Martinez argues that his 1996 California conviction under § 11360(a) does not qualify as a “controlled substance offense” as defined in the Guidelines because, he asserts, he was convicted only of transportation, rather than importation, of marijuana, and transportation of marijuana, without more, is not within the relevant controlled substance offense definition. 3 See United States v. Casarez-Bravo, 181 F.3d 1074, 1077-78 (9th Cir.1999) (holding that because conviction under Section 11360(a) can be for transportation of marijuana for personal use, the mere fact of conviction under that …
discussed Cited "see" United States v. Williams
9th Cir. · 2004 · signal: see · confidence high
See United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999) (“In addition to the statutory definition, we may also examine documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes such as the indictment, the judgment of conviction, jury instructions, a signed guilty plea, or the transcript from the plea proceedings.” (internal quotation marks omitted)).
cited Cited "see" United States v. Jacob De La Fuente
9th Cir. · 2003 · signal: see · confidence high
See id.
discussed Cited "see" United States v. Bryan Lynn Shumate (2×)
9th Cir. · 2003 · signal: see · confidence high
See United States v. Casarez-Bravo, 181 F.3d 1074, 1077 (9th Cir.1999); see also United States v. Rivera-Sanchez, 247 F.3d 905, 909 (9th Cir.2001).
cited Cited "see" United States v. Camacho
9th Cir. · 2003 · signal: see · confidence high
See United States v. Casarez-Bravo, 181 F.3d 1074, 1078 (9th Cir.1999).
discussed Cited "see" United States v. Mendoza-Garcia (2×) also: Cited "see, e.g."
9th Cir. · 2002 · signal: see · confidence high
See United States v. Casarez-Bravo, 181 F.3d 1074, 1076 (9th Cir.1999).
cited Cited "see" United States v. Flennory
9th Cir. · 2001 · signal: see · confidence high
See United States v. Casarez-Bravo, 181 F.3d 1074, 1076 (9th Cir.1999).
discussed Cited "see, e.g." United States v. Abdul Aziz Shabazz, A/K/A Lewis Alvin Hayes, A/K/A Alvin Hayes, A/K/A Isiah Simmons Abdul Aziz Shabazz
3rd Cir. · 2000 · signal: see also · confidence medium
See id.; Williams, 176 F.3d at 716 n. 3; see also United States v. Casarez-Bravo, 181 F.3d 1074, 1077-78 (9th Cir.1999) (allowing a court to look past the statutory definition of a crime and to examine judicially noticeable facts or documents that clearly establish the conviction to be a predicate conviction for enhancement purposes); United States v. Coleman, 158 F.3d 199, 202 (4th Cir.1998) (“In those narrow circumstances in which [a defendant] could have been [convicted] in two ways, ... a district court must look past the fact of conviction and the elements of the offense to determine wh…
UNITED STATES of America, Plaintiff-Appellee,
v.
Abel CASAREZ-BRAVO, Defendant-Appellant
98-50450.
Court of Appeals for the Ninth Circuit.
Jun 22, 1999.
181 F.3d 1074
Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, California, Nancy G. Kendall, San Diego, California, for the defendant-appellant., Paul C. Johnson, Jr., Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.
Browning, Thomas, Law.
Cited by 63 opinions  |  Published
THOMAS, Circuit Judge: '

Abel Casarez-Bravo claims that the district court improperly sentenced him as a career offender under the .United States Sentencing Guidelines' based on non-qualifying predicate convictions under California law for “sale/transportation of marijuana.” We agree and vacate the sentence imposed by the district court.

I

Border patrol officers arrested Casarez-Bravo in Jacumba, California, after they discovered that the jeep he was driving contained 443 pounds of marijuana. He was subsequently indicted for possession of marijuana with intent to distribute under 21 U.S.C. § 841(a)(1), and pled guilty to the charge without entering into a plea agreement.

The United States Probation Officer recommended in his Pre-Sentence Report that Casaréz-Bravo be sentenced to between 210-262 months. The probation officer concluded that Casarez-Bravo’s total offense level would have been twenty-two in the absence of the career offender provision, with a criminal history score of six. This range normally would have subjected him to. a sentence of between 51-63 months. However, without making specific findings, the probation officer recommended that the district court sentence Casarez-Bravo as a career offender pursuant to Sentencing Guideline § 4B1.1, presumably based on at least two of the following offenses:

• In 1986, Casarez-Bravo pled guilty to a charge of sale/transportation of marijuana under California Health and Safety Code § 11360(a). He was sentenced to three years of probation and served fifty-five days in jail (hereinafter “1986 conviction”).
• In 1988, Casarez-Bravo was charged with two counts of sale/transportation of marijuana under section 11360, and in 1996, pled guilty to the first count. He was sentenced to three years of probation and served twelve days in jail (hereinafter “1988 conviction”).
[*1076] • In 1996, Casarez-Bravo pled guilty to a charge of sale/transportation of marijuana under section 11360(a). He was sentenced to three years of probation and 180 days in jail (hereinafter “1996 conviction”).

Thus, based on his determination that Casarez-Bravo was a career offender, the probation officer raised Casarez-Bravo’s criminal history category to a “VI,” and the recommended guideline range became 210-262 months (between 17 and 21 years).

Casarez-Bravo, through his counsel, objected to the findings of the Pre-Sentence Report. He noted that imposition of the career offender provision would increase his sentencing range from 51-63 months to 210-262 months, a four-fold increase. Ca-sarez-Bravo argued that the district court should depart from the guideline range because: (1) he challenged the factual basis of the predicate convictions, and (2) the career offender range grossly over-represented the nature and extent of his criminal history.

At the sentencing hearing, the district court recited the three offenses listed in the Pre-Sentence Report and then sentenced Casarez-Bravo to 210 months in prison as a career offender. At no time did Casarez-Bravo specifically argue that his prior convictions did not legally qualify as predicate convictions.

II

We review the district court’s determination that Casarez-Bravo was a career offender de novo. See United States v. Weinert, 1 F.3d 889, 890 (9th Cir.1993). Because Casarez-Bravo failed to raise his objection before the district court, we review for plain error. See Fed.R.Crim.P. 52(b); United States v. Perez, 116 F.3d 840, 845-46 (9th Cir.1997) (en banc).

In order to sentence an individual under the career offender provision of the Sentencing Guidelines, three criteria must be met: (1) the offender must have been at least eighteen years old at the time (s)he committed the instant offense, (2) the instant offense must be a felony that is either a crime of violence or a controlled substance offense, and (3) the offender must have at least two prior felony convictions for a crime of violence or a controlled substance offense. See U.S.S.G. § 4B1.1. Casarez-Bravo alleges that he did not have the requisite felony convictions for a crime of violence or a controlled substance offense.

A

Casarez-Bravo’s 1986 conviction does not qualify as a predicate conviction because it was not counted in his criminal history score under § 4A1.1. See U.S.S.G. § 4B1.2(c) & application note 3. In order to qualify as a “prior felony conviction” under § 4B1.1, the guidelines require that the conviction must have been “counted” separately under Sentencing Guideline § 4Al.l(a), (b), or (c) as part of the criminal history score. See id. § 4B1.2(e).

The 1986 conviction was not counted in Casarez-Bravo’s Pre-Sentence Report under either § 4Al.l(a), (b), or (c). Presumably, it was not counted under § 4Al.l(a) because subsection (a) does not include prior convictions when the sentence of imprisonment was less than one year and a month. See id. § 4Al.l(a). Subsection (b) likewise does not include convictions when the sentence of imprisonment was under sixty days and the conviction was older than ten years. See id. § 4Al.l(b) & application nóte 2. Finally, subsection (c) includes all other convictions not already included unless the sentence was imposed more than ten years from the commencement of the instant offense. See id. § 4Al.l(c) & application note 3. Regardless of the rationale, because the 1986 conviction was not counted in Casarez-Bravo’s criminal history score, it cannot count as a predicate conviction under the career offender provision. See id. § 4B1.2(e) & application note 3. Thus, the district court erred by including this offense when it[*1077] sentenced Casarez-Bravo as a career offender.

B

Although the 1986 conviction did not-qualify as a predicate conviction, the district court only needed to find two qualifying predicate convictions for Casarez-Bravo to be considered a career criminal under the Sentencing Guidelines. Thus, we must decide whether Casarez-Bravo’s 1988 and 1996 convictions qualify as predicate convictions under § 4B1.1.

“In determining whether a prior conviction supports career offender status, we generally look to the statutory definition of the crime, rather than to the defendant’s specific conduct.” United States v. Vea-Gonzales, 999 F.2d 1326, 1329 (9th Cir.1993) (as amended), implicitly overruled on other grounds by Custis v. United States, 511 U.S. 485, 114 S.Ct. 1732, 128 L.Ed.2d 517 (1994). [1] In addition to the statutory definition, we may also examine “ ‘documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes’ ” such as the indictment, the judgment of conviction, jury instructions, a signed guilty plea, or the transcript from the plea proceedings. United States v. Bonat, 106 F.3d 1472, 1476, 1477 (9th Cir.) (quoting United States v. Sweeten, 933 F.2d 765, 769-70 (9th Cir.1991)), cert. denied, — U.S. -, 118 S.Ct. 192, 139 L.Ed.2d 130 (1997). However, if the statute and the judicially noticeable facts would allow the defendant to be convicted of an offense other than that defined as a qualifying offense by the guidelines, then the conviction does not qualify as a predicate offense. See Bonat, 106 F.3d at 1475; see also United States v. Weekley, 24 F.3d 1125, 1126-27 (9th Cir.1994) (holding that the defendant could not be sentenced as a career offender because Washington’s attempt statute, under which the defendant had been convicted, proscribed more conduct than was defined in 18 • U.S.C. § 924(e)).

Casarez-Bravo’s 1996 and 1988 convictions were charged under California Health and Safety Code § 11360(a). At all relevant times, this provision stated:

Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished by imprisonment in the state prison for a period of two, three or four years.

Cal. Health & Safety Code § 11360(a). In comparison, under § 4B1.1, a predicate conviction must be a controlled substance offense, which is defined as:

[A]n offense under federal or state law, punishable by imprisonment for a term exceeding one year, that prohibits the manufacture, import, export, distribution, or dispensing of a controlled Substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substanbe) with [1] intent to manufacture, import, export, distribute, or dispense. .

See U.S.S.G. § 4B1.2(b).

Under California law, a conviction under section 11360 can be based on transportation of marijuana even if the defendant is not guilty of possession of the marijuana. See People v. Watkins, 96 Cal.App.2d 74, 214 P.2d 414, 416 (Cal.Ct.App.[*1078] 1950). In addition, a conviction under section 11360 can be supported by a charge of simple transportation of marijuana for personal use. See People v. Rogers, 5 Cal.3d 129, 95 Cal.Rptr. 601, 486 P.2d 129, 132 (Cal.1971) (in bank); People v. Eastman, 13 Cal.App.4th 668, 16 Cal.Rptr.2d 608, 612-13 (Ct.App.1993). Because the statutory definition of section 11360(a) and California case law permit a conviction to be based on transportation of marijuana for personal use, a defendant could be convicted under section 11360(a) without committing one of the qualifying controlled substance offenses delineated in § 4B1.1. Thus, reference to the statute under which Casarez-Bravo was convicted cannot justify using either the 1988 or 1996 convictions as a basis for a career criminal finding.

The government did not tender any additional judicially noticeable facts to prove that the 1988 or 1996 convictions qualified. The Pre-Sentence Report-the only document in the record-contains no information on the 1988 conviction. It simply notes that Casarez-Bravo pled guilty to “sale/transportation of marijuana” pursuant to section 11360 and that “[t]he arrest report in the above case was no longer available. Also, no probation report was prepared. Therefore, details of the offense are unknown.” The Report notes that Casarez stated he was not guilty of the offense and that he “pled guilty because he wanted to get out of jail and go back to work.”

In short, neither the statute under which Casarez-Bravo was convicted in 1988, nor any proper judicially noticeable facts pertaining to that offense justify its inclusion as a “controlled substance offense” under § 4B1.1. Because neither the 1986 nor 1988 convictions qualify as predicate offenses, the district court erred in determining that Casarez-Bravo was a career criminal under the Sentencing Guidelines.

Ill

Because Casarez-Bravo did not object to being sentenced under the career offender provision before the district court, we must subject his claim to a plain error analysis. See Fed.R.Crim.P. 52(b). Plain error is: (1) error, (2) that is plain, (3) and affects substantial rights. See Perez, 116 F.3d at 846. The error in this case is evident from an examination of the record, the statute, and the guidelines. A sentencing error affects substantial rights when it subjects an individual to an increased sentence. See United States v. Velez, 168 F.3d 1137, 1140 n. 4 (9th Cir.1999). In this case, the error caused Casarez-Bravo’s sentence to be increased four-fold. Thus, he is entitled to relief even under a plain error analysis.

We vacate the sentence and remand for resentencing with instructions that Casa-rez-Bravo not be sentenced as a career criminal under the Sentencing Guidelines.

REVERSED AND REMANDED FOR RESENTENCING.

1

. This analysis had its genesis in the categorical approach adopted by the Supreme Court in examining qualifying predicate offenses under the Armed Career Criminal Act and its progeny. See Taylor v. United States, 495 U.S. 575, 588-89, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). We have applied Taylor’s analytic framework in assessing whether prior convictions can qualify as predicate offenses in determining whether a defendant is to be treated as a career criminal under the Sentencing Guidelines. See Vea-Gonzales, 999 F.2d at 1329; United States v. Young, 990 F.2d 469, 471 (9th Cir.1993).