ote: The majority
holds that a violation of California Heath & Safety Code
§ 11366 is a categorical match for 21 U.S.C. § 856
(i.e., has the exact same elements and covers the same range
of offenses), and is thus categorically an aggravated felony
drug offense. The dissent points out that, while a conviction
under California Health & Safety Code § 11366.5 is
a categorical match, a conviction under the statute at issue
is broader than the federal definition because Health &
Safety Code § 11366 (unlike the federal offense) does
not require that the owner knew that the place would be used
for the purpose of drug sales (i.e. the offense can be committed
negligently).