The Eleventh Circuit has concluded that a Florida drug possession statute is divisible with respect to the identity of the controlled substances criminalized by the statute. The court examined state case law interpretations of the statute and jury instructions to conclude that the substances criminalized by the statute are alternative elements of the statute.

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

http://media.ca11.uscourts.gov/opinions/pub/files/201712247.pdf

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