In the context of a federal criminal sentencing case, the Fifth Circuit addressed section 11351 of the California Health and Safety Code (possession or purchase for sale of a controlled substance).  The court determined that California's controlled substance offenses criminalized substances not found in the federal Controlled Substances Act (CSA).  In this regard, the Fifth Circuit's analysis mirrors the Ninth Circuit's analysis of the statute.  Like the NInth Circuit, the Fifth Circuit determined that the statute was divisible.  The court then proceeded to consult the complaint under the modified categorical approach, determined that the substance at issue was heroin (a substance listed in the federal CSA), and concluded that the petitioner had been convicted of a drug trafficking offense.

The full text of US v. Gomez-Alvarez can be found here: