The Eleventh Circuit has determined that sale of a controlled substance under Florida Statute § 893.13(1)(a)(1) is an illicit trafficking aggravated felony.  The court determined that the statute is divisible, containing 6 discrete offenses: sale, delivery, manufacture, possession with intent to sell, possession with intent to deliver, and possession with intent to manufacture.  Thus, the modified categorical approach was appropriately applied to determine that the petitioner was convicted of sale of a controlled substance.

The full text of Spaho v. Attorney General can be found here: