Thursday, December 28, 2017

Offer to sell is still not a controlled substance offense

Back in August we told you that a prior Kansas drug offense that can be committed through an offer to sell does not qualify as a controlled substance offense under § 4B1.2(b).

Well, ditto for Colorado. Today the Tenth Circuit held, in United States v. McKibbon that because Colorado § 18-18-405 may be violated through an offer to sell, it is categorical broader than
§ 4B1.2(b)'s definition of a controlled substance offense.

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