The Tenth Circuit has determined that a Colorado statute that makes it unlawful “to manufacture, dispense, sell, distribute, possess, or to possess with intent to manufacture, dispense, sell, or distribute a controlled substance” is overbroad compared to the definition of an aggravated felony because it includes fraudulent offers to sell a controlled substance. The court then determined that the statute is indivisible between fraudulent and genuine offers to sell controlled substances.

The full text of United States v. Almanza-Vigil can be found here: