The Fifth Circuit has determined that a Texas conviction for possession of a controlled substance with intent to deliver is a controlled substance violation. In so doing, the court rejected the petitioner’s claim that the statute is overbroad because it includes offers to sell counterfeit drugs. Instead, the court found that a defendant must offer to sell a real drug, even if the actual drug delivered is counterfeit.

The full text of Olguin Padilla v. Barr can be found here: