H&S C 11379.5

H&S C 11379.5

Offense

Sell, Give away, Transport for sale (1/1/16 statute), Transport for personal use (pre-1/1/16 statute) PCP, etc.
or
Offer to do any of above

Aggravated Felony (AF)

Divisible:
Offering: Offering is not an AF, but only in imm proceedings arising in the Ninth Circuit. See Advice.
Yes AF: Sell, give away, post-1/1/16 transport
Not AF: Pre-1/1/16 transport

Crime Involving Moral Turpitude (CIMT)

Sale, transport for sale, offering to do these is a CIMT. Conservatively assume giving away for free is a CIMT.
Transport based on pre-1/1/16 conduct should not be a CIMT because the minimum conduct is for personal use

Other Removal Grounds

Yes, assume this is a deportable and inadmissible drug conviction.

Advice and Comments

Plead to 11379 rather than 11379.5 in order to use non-federal substance defenses, especially if the defendant is an LPR who is not yet deportable.

Transportation. Minimum conduct for transportation under 11379.5 includes for personal use, for offenses committed until 1/1/16. This is not an AF. As of 1/1/16 the transportation is for sale and is an AF. (Compare to 11357, 11379, which changed to transport for sale as of 1/1/14.)

2020-10-22T16:57:07+00:00Updated January 29th, 2020|