The Eleventh Circuit has determined that a Washington conviction for delivery of cocaine is an aggravated felony. The petitioner offered two arguments as to why the statute of conviction is broader than the definition of a drug trafficking aggravated felony. First, he argues that accomplice liability under the Washington statute is broader than accomplice liability under the federal Act. Second, he argues that the Washington statute proscribes “administering” a controlled substance and the federal Act does not.
The court disagreed, finding that the petitioner could not establish a realistic probability that accomplice liability under the Washington statute extends significantly beyond liability under the federal Act. The court recognized that its decision was at odds with the caselaw with four other circuits. With respect to the issue of administering a controlled substance, the court determined that the federal Act prohibits dispensing a controlled substance, which includes administering a controlled substance.
The full text of Bourtzakis v. Attorney General can be found here:
http://media.ca11.uscourts.gov/opinions/pub/files/201812137.pdf