Romero-Millan v. BarrAnnotate this Case
The Supreme Court held that the identity of an alleged narcotic drug is an element of Arizona's drug possession statute, Ariz. Rev. Stat. 13-3408, and therefore, jury unanimity is required as to which drug or drugs listed in Ariz. Rev. Stat. 13-3401(6), (19), (20), or (23) was involved in an offense under section 34-3408.
Petitioners in this case were Mexican natives lawfully residing in the United States who were convicted of drug-related counts. Based on their convictions, the immigration court ordered them removed from the country. On appeal, the United States Court of Appeals for the Ninth Circuit certified for the Supreme Court questions regarding whether Ariz. Rev. Stat. 13-3415 and section 13-3408 were divisible as to drug type. The Supreme Court declined to answer the first two certified questions but did hold that jury unanimity regarding the identity of a specific drug is required for a conviction under section 13-3408.