Tagged: Controlled Substances

Week 19 (2020)

In Cucalon v. Barr, the Fourth Circuit held Virginia Code § 18.2-248 is divisible by prohibited substance. Applying the modified categorical approach, the court held that distribution of cocaine under Virginia Code § 18.2-248, including distribution of that substance as an accommodation under Virginia Code § 18.2-248(D), satisfies the federal definitions of an “aggravated felony” and of a crime “relating to a controlled substance.”