The Eleventh Circuit has determined that the identity of the substance is an element of the statute, making it divisible among the various substances. The Court then moved on to comparing Florida’s definition of cocaine to the definition in the federal controlled substance schedules.
“If we compare the definitions of cocaine in place in February and March 2017, when Miller committed the state offenses, there is a mismatch because the federal schedules no longer treated ioflupane as a type of cocaine, while Florida law did. But if we take the district court’s approach and compare the definitions of cocaine in place when Miller was convicted of the state offenses, August 2017, there is no mismatch because both federal law and Florida law no longer treated ioflupane as cocaine.”
“Under the categorical approach, we conclude that there was a mismatch between Florida’s definition of cocaine, which treated ioflupane as a form of cocaine, and the federal schedules, which did not. Because Miller’s offense of conviction was broader than federal law, we hold that his Florida convictions do not qualify as serious drug offenses under ACCA.”
The full text of United States v. Miller can be found here:
https://media.ca11.uscourts.gov/opinions/pub/files/202313069.pdf