The Second Circuit has determined that an Arizona statute criminalizing transportation, importation, and sale of a controlled substance is overbroad because it criminalizes substances not found in the Controlled Substances Act. In addition, the statute is indivisible with respect to the substances criminalized. As such, the conviction does not qualify as a drug trafficking conviction for federal sentencing purposes.

The full text of United States v. Guerrero can be found here:

http://www.ca2.uscourts.gov/decisions/isysquery/86c00b11-2114-456d-81ea-09598328cca8/20/doc/17-1851_op.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/86c00b11-2114-456d-81ea-09598328cca8/20/hilite/

Comment