Oregon Drug Delivery Conviction Not A Federal “Controlled Substance Offense” For Career Offender Purposes

By Brandon Sample | February 12, 2017 | Comments Off on Oregon Drug Delivery Conviction Not A Federal “Controlled Substance Offense” For Career Offender Purposes

Oregon drug delivery conviction under Oregon Revised Statutes 475.992(1)(a) is not a “controlled substance offense” under federal law, according to the Ninth Circuit. Sandoval v. Yates, No. 13-71784 (9th Cir. 2017). This is an important case for criminal defendants because of its impact on individuals with career offender enhancements. The court held that Oregon drug delivery convictions under 475.992(1)(a) are not qualifying because “delivery” can mean an “offer to sell.” Offering to sell drugs is not a federal drug crime.

Sandoval was decided in an immigration context, but that should not hinder its application in federal criminal cases. In many ways, the Sandoval decision looks a lot like the Fifth Circuit’s recent decision in Hinkle.

Posted in Sentencing

About Brandon Sample

Brandon Sample is an attorney, author, and criminal justice reform activist. Brandon’s law practice is focused on federal criminal defense, federal appeals, federal post-conviction relief, federal civil rights litigation, federal administrative law, and the Freedom of Information Act (FOIA).

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