Monday, September 15, 2014

Nevada's Controlled Substance Statute Held to Be Divisible

Ruiz-Giel v. Holder, 2014 WL 3906844 (8/12/14) (unpub'd) - Nevada's controlled substance statute is divisible under Descamps for purposes of applying the modified categorical approach. The identity of the controlled substance is an element of the offense. The statute can be violated by the sale of any of a multitude of specified substances. The modified categorical approach leads to the conclusion that Mr. Ruiz-Giel was convicted of selling heroin, which is listed in the federal drug schedules. The conviction was consequently for an aggravated felony.