Health & Safety C 11173(a), (b), (c)

Health & Safety C 11173(a), (b), (c)

Offense

Obtain CS by fraud

Aggravated Felony (AF)

AF CS. Assume it is an AF, but see Advice

AF Forgery: Should not be AF as forgery unless false document is used and 1 yr imposed on a single count.

Crime Involving Moral Turpitude (CIMT)

Yes CIMT, except that (d), affixing a false label, might not be.

Other Removal Grounds

Assume a deportable and inadmissible CS offense but see Advice.

Advice and Comments

AF. May be AF as analogue to 21 USC 843(a)(3) (obtain CS by deceit), although imm counsel may identify defense arguments.

The “non-federal controlled substance” defenses may apply here. See Advice at 11350, and a more comprehensive discussion and instructions at 11377. If that is successful, the conviction is not an AF or CS offense.

A much better plea is B&P C 4342. If that is not possible, possession H&S 11377 plus other distinct offense such as 529(a)(3), 530.5(a), PC 32, or if necessary forgery, fraud.

 

2020-10-21T22:47:12+00:00Updated January 29th, 2020|