United States v. Jose Valdivia-Flores

Jose Valdivia-Flores was convicted of possession with intent to deliver a controlled substance in violation of Wash. Rev. Code § 69.50.401. The majority describes our task as “determin[ing] whether Valdi-via-Flores’ conviction under Wash. Rev. Code § 69.50.401 was for an aggravated felony.” Majority Opinion, p. 1206. Yet, inexplicably, the majority completely fails to address that statute.

In determining whether Valdivia-Flores was convicted of an aggraved felony, we compare the state statute of conviction to the generic federal definition of possession with intent to deliver a controlled…