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.