Is a second conviction for simple drug possession a felony under the Controlled Substances Act?
MultiRegion, United States of America
The following excerpt is from Alsol v. Mukasey, 548 F.3d 207 (2nd Cir. 2008):
The issue in these cases is whether a second conviction for simple drug possession under state law is a felony under the Controlled Substances Act ("CSA") because it could have been prosecuted as a recidivist offense under 21 U.S.C. 844(a). We hold that it is not. We further clarify that our sentencing decision in United States v. Simpson, 319 F.3d 81 (2d Cir. 2002), does not foreclose this holding.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a defendant not only be convicted but convicted of drug possession, but of possessing and possessing heroin, not having any authority or control of the drugs? (MultiRegion, United States of America)
Can a second simple possession offence be treated as a recidivist felony under the Controlled Substances Act? (MultiRegion, United States of America)
Does a conviction for simple possession of a small amount of cannabis constitute a criminal offence that involves simple possession? (MultiRegion, United States of America)
What is the test for determining whether a defendant can be convicted of a charge of possession of a controlled substance based upon the type of substance in the package? (MultiRegion, United States of America)
Is a prior conviction for possession with intent to distribute controlled substance properly admitted? (MultiRegion, United States of America)
Does a conviction for possession of an illicit item with intent to defraud apply to a defendant who was convicted only for the possession of the prohibited item? (MultiRegion, United States of America)
What is the standard of review of a district court's refusal to give a requested jury instruction of simple possession of a controlled substance? (MultiRegion, United States of America)
What constitutes an aggravated felony for a possession of a controlled substance? (MultiRegion, United States of America)
What is the test for a drug dealer convicted of possession of cocaine with intent to manufacture, distribute and manufacture a controlled substance? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
