Criminal Defense of Immigrants

The offense of manufacturing or cultivating a controlled substance is nearly as serious as a conviction for sale.  This includes offenses such as manufacture or possession of materials with intent to manufacture or cultivate a controlled substance.[242]  However, because some state statutes do not require proof of intent to convict, and others may punish manufacture or cultivation for personal use, there are some instances where counsel can argue that a state conviction for manufacturing or cultivation is not an aggravated felony or crime of moral turpitude.

[242] See, e.g., United States v. Arizaga-Acosta, 436 F.3d 506 (5th Cir. Jan. 12, 2006) (federal conviction for conspiracy to possess a listed chemical (ephedrine) with intent to manufacture methamphetamine, under 21 U.S.C. § 841(d)(1), held not to qualify as a “drug-trafficking offense” under USSG § 2L1.2, for purposes of imposing a sentence enhancement to an illegal re-entry sentence, because the U.S. Sentencing Commission specifically included this offense under USSG § 4B1.2 cmt. n.1, but declined to do so under § 2L1.2).