United States v. Rivera-Sanchez, 247 F.3d
905 (9th Cir. Apr. 18, 2001) (California conviction of sale,
transportation, or solicitation of sale of a controlled substance,
under California Health & Safety Code § 11360(a), is under
a divisible statute for purposes of deciding whether it a
conviction is an aggravated felony for purposes of enhancing
a sentence for illegal re-entry, since the statute penalizes
offer to sell which is equivalent to solicitation, which has
been held not to constitute an aggravated felony or controlled
substances offense).
jurisdiction:
Ninth Circuit