United States v. Jose Valdivia-Flores
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Special Concurrence by Judge O’Scannlain; Dissent by Judge Ráwlinson
OPINION
O’SCANNLAIN, Circuit Judge:
We must decide whether a conviction for .possession of a controlled substance with intent to distribute under Washington state law is an aggravated felony for purposes of federal immigration law.-
I
Jose Valdivia-Flores is a Mexican • citizen who entered the United States without inspection in 1995. In 1997, he was charged with and ultimately pled guilty to a violation of Washington’s drug trafficking statute, Wash. Rev., Code § 69.50.401. In his Statement of Defendant on Plea of Guilty,…
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