Ninth Circuit - Categorical Approach

United States v. Asuncion, 974 F.3d 929 (9th Cir. 2020). A felony drug offense under 21 U.S.C. § 802(44) excludes offenses punishable by imprisonment for one year or less. A guidelines system is relevant to determining whether an offense is punishable by more than one year if that system “sharply limit[s] the judge’s discretion to impose a sentence above the range.” A guidelines system is not relevant to that determination if that system provides “broad discretion to go above the range.”

United States v. Bautista, 982 F.3d 563 (9th Cir. 2020). Arizona attempted unlawful transportation of marijuana for sale is not a “controlled substance offense” under §4B1.2(b). The statute is both indivisible and overbroad because it includes hemp in its definition of marijuana.

United States v. Furaha, 992 F.3d 871 (9th Cir. 2021). Possessing a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c) is a controlled substance offense under §4B1.2(b).

United States v. Prigan, 8 F.4th 1115 (9th Cir. 2021). Hobbs Act robbery is not a crime of violence under either the force clause or the enumerated clause of §4B1.2(a) because Hobbs Act robbery covers threats against a person or property while §4B1.2(a) is limited to force against persons.

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