Can a second simple possession offence be treated as a recidivist felony under the Controlled Substances Act?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ayon-Robles, 557 F.3d 110 (2nd Cir. 2009):
Our sister circuits have split on this question. The First, Third, and Sixth Circuits have held (in cases applying the INA) that a second simple-possession offense cannot be treated as a recidivist felony under the Controlled Substances Act unless the offense was prosecuted as a recidivist offense under state law. See Berhe v. Gonzales, 464 F.3d 74, 85-86 (1st Cir.
[557 F.3d 113]
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