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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.

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).

1 Comment

  1. Joshua Gunner Johnson on April 20, 2017 at 9:02 pm

    Look to Summers v. Feather from the District of Oregon for savings clause jurisdiction in raising a Sandoval claim. Don’t think a post-Booker career offender will prevail but ACCA’s and pre-Booker CC’s should have valid claims if enhanced based upon Predicate ORS 475.992.

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