Under Minnesota law, a second conviction of possession of a controlled substance has a recidivist sentencing enhancement, providing for a mandatory sentence of six months. Minnesota law explicitly provides that "a disposition" under Minn. Stat. 152.18 (deferred adjudication) is a "prior controlled substance offense" for purposes of applying the recidivist sentencing enhancement. This is analogous to the Federal First Offender Act, 18 U.S.C. 3607. Under federal law, a first disposition under 18 U.S.C. 3607 disqualifies the defendant from FFOA treatment for the second offense only if the first disposition has become final prior to the commission of the second offense. Immigration counsel can argue that a state law disposition under a first offender program similar to the FFOA has not become final for purposes of 21 U.S.C. 844(a), where the offender is still on probation and has not had the charge dismissed or adjudication of guilt entered. But see United States v. Varela, 993 F.2d 686 (9th Cir. 1993) (an offense that is not expunged before the second offense was committed is "final" under federal law, for purposes not related to drug recidivist enhancements, even if it could have been expunged). This decision, however, was in a case in which the plea had been accepted, and imposition of sentence was stayed, rather than not a stayed adjudication of guilt. Counsel could argue this difference should change the outcome. Carachuri should control when it is decided by the United States Supreme Court.