United States v. Graves
criminal sentencing appeal; mandatory life sentence under 21 U.S.C. §§ 841(b)(1)(A) and 851 based on two prior "felony drug offense" convictions; defendant challenges whether a California Penal Code § 4573.6 (inmate drug possession) conviction qualifies under the categorical approach; sentence vacated and remanded (convictions affirmed in a separate memorandum disposition) (result: claimant-lost)
Facts
- 9 Recidivist enhancement for prior conviction for a serious drug felony or serious violent felony (§ 841(b)(1), 21 U.S.C. § 851) not law
There is no dispute that section 4573.6 criminalizes controlled substances under California law that are not regulated under federal law, so the statute is overbroad.
- 9 Recidivist enhancement for prior conviction for a serious drug felony or serious violent felony (§ 841(b)(1), 21 U.S.C. § 851) not law
"[I]f a statute is both overbroad and indivisible, a prior conviction under that statute will never qualify as a predicate drug trafficking offense ...."
- 9 Recidivist enhancement for prior conviction for a serious drug felony or serious violent felony (§ 841(b)(1), 21 U.S.C. § 851) not law
Second, a California state court has explicitly held that contemporaneous possession of two or more discrete controlled substances at the same location constitutes one offense under section 4573.6.
- 9 Recidivist enhancement for prior conviction for a serious drug felony or serious violent felony (§ 841(b)(1), 21 U.S.C. § 851) not law
We conclude, therefore, that California Penal Code § 4573.6 is not a divisible statute and therefore cannot be a categorical "felony drug offense" triggering a "mandatory term of life imprisonment" under 21 U.S.C. § 841(b)(1)(A) (2016).