Is a state criminal conviction an aggravated felony under the Controlled Substances Act?

To determine whether a state criminal conviction is an aggravated felony, we must follow the "categorical approach." See Descamps v. United States , U.S. , 133 S.Ct. 2276, 2281, 186 L.Ed.2d 438 (2013). Under this approach, we "compare the elements of the statute forming the basis of the [petitioner's] conviction with the elements of the generic crimei.e. , the offense as commonly understood." Id. Only if the elements in the petitioner's statute of conviction "are the same as, or narrower than, those of the generic offense" is the petitioner's conviction a categorical match. Id.

Under the categorical approach, we first determine the definition of the generic offensehere, an aggravated felony. This requires us to navigate a "maze of statutory cross-references." Carachuri Rosendo v. Holder , 560 U.S. 563, 567, 130 S.Ct. 2577, 177 L.Ed.2d 68 (2010). We start with the definition of "aggravated felony" as used in 8 U.S.C. 1101(a)(43).

The term "aggravated felony" includes two federal controlled substance offenses relevant to this appeal: (1) "illicit trafficking in a controlled substance," which includes (2) any "drug trafficking crime." 8 U.S.C. 1101(a)(43)(B). Only felonies qualify as "illicit trafficking" offenses or "drug trafficking crime[s]." See Lopez v. Gonzales , 549 U.S. 47, 55, 60, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006). A "felony" means an offense punishable by more than one year under federal law. See 18 U.S.C. 3559(a)(5) ; see also

[847 F.3d 700]

Moncrieffe v. Holder , U.S. , 133 S.Ct. 1678, 1683, 185 L.Ed.2d 727 (2013) ; Lopez , 549 U.S. at 60, 127 S.Ct. 625 ("In sum, we hold that a state offense constitutes a felony punishable under the Controlled Substances Act only if it proscribes conduct punishable as a felony under that federal law.").²