United States v. Guerrero, No. 17-1851 (2d Cir. 2018)Annotate this Case
Guided by its recent decision in United States v. Townsend, 897 F.3d 66 (2d Cir. 2018), the Second Circuit concluded that the phrase "controlled substance" as used in the 2014 Guidelines' definition of "felony drug trafficking offense" refers exclusively to those substances controlled under federal law. The court also held that the Arizona statute that defendant was convicted of was broader than corresponding federal law because it included substances not listed by the federal Controlled Substances Act. In this case, defendant's Arizona conviction did not qualify as a felony trafficking offense under USSG 2L1.2. Therefore, the district court procedurally erred in sentencing defendant. The court vacated the sentence and remanded for resentencing.