The Ninth Circuit has determined that an Oregon conviction for delivery of a controlled substance is not an aggravated felony. A drug-related offense will constitute an aggravated felony if it matches the definition of a drug trafficking crime (which are any crimes that would be punishable as felonies under the Controlled Substances Act) or an illicit trafficking offense (which requires a commercial dealing to underpin the conviction). The Oregon statute criminalizes mere solicitation, or an offer to deliver a controlled substance. The Controlled Substance Act does not include solicitation offenses, and thus, the Oregon statute does not match the definition of a drug trafficking crime. In addition, there is no commercial dealing required by the statute, and thus, it does not match the definition of an illicit trafficking offense. Finally, because the definition of attempt within the statute is indivisible with respect to solicitation offenses, the modified categorical approach should not be employed.
The full text of Sandoval v. Yates can be found here: