United States v Martinez-Lopez, 864 F.3d 1034 (9th Cir 2017) (en banc) (several California controlled substances statutes, including Health and Safety Code 11352 and 11379, are divisible as to both the controlled substance and the different types of conduct, which means that an immigration authority can review the persons record of conviction to see which substance and conduct was the basis for the conviction).

NOTE: The majority found the substance involved an element rather than a means because a person arrested for simultaneous possession of two substances would be charged with two crimes. The majority relied upon People v. Patterson, 49 Cal.3d 615, 262 Cal.Rptr. 195, 778 P.2d 549 (Cal. 1989) (certain offenses punished under the drug statutes are inherently dangerous), to determine that the actus reus is also divisible. There was significant disagreement among the Circuit court judges, and many suggested remanding the decision to the California Supreme Court to resolve apparent conflicts on whether the actus reus and the controlled substances were means or elements.