Aggravated Felonies

(C)  Divisible Statute Analysis.  If the statute is a divisible statute, (containing a number of different offenses), and if any conduct that would violate any part of the statute identified in the record of conviction does not fall within the aggravated felony category, the conviction does not constitute an aggravated felony.  See § § 4.8, et seq., infra.  For example, if a person is convicted of “sale or offer to sell” a controlled substance, but the record of conviction does not establish which offense within the divisible statute was the offense of conviction, the person has not been convicted of an illicit trafficking aggravated felony in the Ninth Circuit.[52]

[52] United States v. Rivera-Sanchez, 247 F.3d 905, 908 (9th Cir. 2001).