In a published decision, the Seventh Circuit examined whether an Indiana conviction for dealing in cocaine qualified as a drug trafficking aggravated felony. The Indiana statute at issue states that a person is guilty of dealing in cocaine if that individual “knowingly or intentionally manufactures, finances the manufacture of, delivers, or finances the delivery of cocaine;” or if the individual “possesses, with intent to manufacture, finance the manufacture of, deliver, or finance the delivery of cocaine.” Both the generic corresponding aggravated felony under the Immigration and Nationality Act and the Indiana statute criminalize manufacturing and delivering illegal drugs. However, the court found that Indiana statute is broader in scope because it also criminalizes financing the manufacture or delivery of illegal drugs. As a result, the modified categorical approach is appropriate, and the court examined the record of conviction to determine which alternative formed the basis of Petitioner’s conviction under the Indiana statute. Because the complaint indicated that the petitioner had delivered cocaine, the court determined that he had been convicted of a drug trafficking aggravated felony.
The full text of Martinez Lopez v. Lynch can be found here: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-12/C:14-3805:J:Bauer:aut:T:fnOp:N:1685948:S:0