Tenth Circuit

AGGRAVATED FELONY - DRUG TRAFFICKING - POSSESSION CONVICTION CANNOT BE AGGRAVATED FELONY
Gradiz v. Gonzales, 490 F.3d 1206, ___ (10th Cir. Jun. 20, 2007) (Wyoming felony controlled substances conviction cannot constitute an aggravated felony as a "drug trafficking crime," under 18 U.S.C. 924(c)(2) ("any felony punishable under the Controlled Substances Act, 21 U.S.C. 801 et seq."), since Lopez v. Gonzales, 127 S.Ct. 625, 629 (2006), held that state felony convictions of whether crimes that are misdemeanors under federal controlled substances statutes but felonies under state law could not qualify as aggravated felonies under the aggravated felony definition), following United States v. Martinez-Macias, 472 F.3d 1216 (10th Cir. 2007); disapproving United States v. Cabrera-Sosa, 81 F.3d 998 (10th Cir. 1996).

Other

CONTROLLED SUBSTANCES " UNIDENTIFIED DRUG " PAULUS DEFENSE
Richard Collins, Esq., thinks Chorionic Gonadatropin is not a federally controlled anabolic steroid, although prohibited in California and New York. Convictions under California Health & Safety Code 11377 and 11378 are not categorically offenses relating to a controlled substance because California regulates "numerous substances that are not similarly regulated by the CSA. Ruiz-Vidal v. Gonzales, 473 F.3d 1072, 1078"79 (9th Cir. 2007); see also Mielewczyk v. Holder, 575 F.3d 992, 995 (9th Cir. 2009).