United States v. Burgos-Ortega, ___ F.3d ___, 2015 WL 468186 (9th Cir. Feb. 5, 2015) (Washington conviction for delivery of heroin, in violation of Revised Code of Washington 69.50.401(a)(1)(i) [manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.], was categorically a felony drug trafficking offense for illegal reentry sentencing purposes, rejecting an argument that conduct that falls under deliver in the state statute is broader than distribute in 21 U.S.C. 841(a)(11) [distribute means to deliver (other than by administering or dispensing) a controlled substance . . . .]; the state statute is silent as to the existence of a administering exception and the defendant was unable to show a realistic probability of prosecution for administering or dispensing).

NOTE: The court distinguished United States v. Grisel, 488 F.3d 844, 850 (9th Cir. 2007) (en banc), and United States v. Vidal, 504 F.3d 1072, 1082 (9th Cir. 2007) (en banc), on the basis that the state statute here does not expressly include conduct not covered by the generic offense, but rather is silent as to the existence of a parallel administering exception.