In a federal criminal sentencing case, the Fifth Circuit addressed Florida Statute Annotated section 893.125(1)(f).  it noted that this statute, which includes a variety of drug-related offenses, criminalizes mere possession of a controlled substance, and as such, is not categorically a drug trafficking crime.  The court indicated that the statute is divisible, but since no judicially cognizable documents indicated that the petitioner was convicted of trafficking activities, the sentencing enhancement for a drug trafficking crime was inappropriate.  Drug trafficking convictions can have severe immigration consequences, and this decision may assist attorneys arguing that these consequences do not attach to a conviction under this statute.


The full text of US v. Sarabia-Martinez can be found here: