The Eleventh Circuit has determined that a Virginia conviction related to distribution of controlled substances is a crime involving moral turpitude. The court acknowledged that not all substances criminalized by Virginia appear in the federal statutes, but relied on the state’s determination that the substance should be criminalized as proof that distribution of the substance is base or vile. Notably, for the purpose of the appeal, the court assumed that the statute is not divisible with respect to the identity of the substance.

The full text of Daye v. Attorney General can be found here:

https://media.ca11.uscourts.gov/opinions/pub/files/202014340.pdf

Comment