In an unpublished decision, the Fifth Circuit determined that Arizona Revised Statute Section 13-3405(A)(4) (attempted transportation for sale of marijuana) is a divisible statute, laying out separate offenses for solicitation to transport for sale and transport for sale of marijuana.  The court recognized that Arizona state case law on this issue was conflicting, but determined that because the charging document listed only transportation for sale, this narrowing language indicated that transportation for sale is a distinct offense from offer to transport for sale.  The court also looked at the pattern jury instructions, which contained different instructions for transportation for sale and offering for sale.  Thus, the court concluded the statute was divisible.

The full text of Ibanez-Beltran v. Lynch can be found here: