United States v. Graves

Defendant challenged his life sentence imposed by the district court after it concluded he had two prior felony drug offenses under 21 U.S.C. 841(b)(1)(A). The Ninth Circuit vacated defendant's life sentence and held that his prior California Penal Code section 4573.6 conviction for inmate drug possession did not qualify as a predicate offense triggering a mandatory term of life imprisonment under section 841(b)(1)(A), because the statute was overbroad, criminalizing controlled substances under California law that are not regulated under federal law. The panel also held that the statute was indivisible and could not be a categorical felony drug offense. Finally, the panel held that the district court should be permitted to consider defendant's submissions and impose a new sentence thereafter. View "United States v. Graves" on Justia Law